High CourtsSingle Bench(2022) 03 KL CK 0148

Sanjith vs State Of Kerala

High Court Of Kerala · Decided on 17 March 2022

HON’BLE JUDGES
K.Haripal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 3503 Of 2021

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Judgment

4 paragraphs · 218 words

K.Haripal, J

1.

Petitioner is the accused in C. C. No. 1291 of 2017 on the file of the Judicial First Class Magistrate's Court-II, Kasaragod, and the prayer is to quash the proceedings. Now the learned counsel for the petitioner submits that by judgment dated 17th March, 2020 the petitioner stands acquitted by the trial court. However, it is stated that the vehicle has not been released.

2.

It is interesting to note that the proceedings had ended much before the petitioner had approached this Court seeking to quash the same. The offences alleged against the petitioner were under Section 379 of the IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, hereafter referred to as the Act. In the nature of the allegations, when the main proceeding is terminated and the accused acquitted, the court is expected to pass orders on the disposal of the property as well. Here, that is not done. The learned counsel complained that orders have bot been passed releasing the vehicle to the petitioner. But it is not known whether proceedings have been initiated under Section 23A of the Act. The petitioner can approach the appropriate authorities for passing orders touching the disposal of the vehicle.

The Criminal Miscellaneous Case is closed.