High CourtsSingle Bench(2012) 06 KL CK 0172

Vinodkumar K.V. vs The Sub Inspector of Police Changaramkulam Police Station, Malappuram District - 676505

High Court Of Kerala · Decided on 6 June 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) . No. 12781 of 2012 (W)

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Judgment

4 paragraphs · 216 words

T.R. Ramachandran Nair, J.—The petitioner is seeking for a direction to consider the application under Rule 60(A)(1) of the Kerala Miner Mineral Concession Rules, 1967 submitted before the respondent. Learned Government Pleader submitted that going by the First Information Report Ext.P1, it can be seen that the same does not mention any of the offences under the Kerala Miner Mineral Concession Rules and the offence shown is u/s 118(e) of the Kerala Police Act. It is therefore submitted that the application for compounding the offence cannot be considered by the respondent in the absence of mentioning of offence under the Kerala Miner Mineral Concession Rules in the First Information Report.

2.

Learned counsel for the petitioner prayed that there may be a direction to the respondent to produce the vehicle before the Criminal Court having jurisdiction so that the petitioner will be able to file a proper application u/s 451 Cr.P.C for getting interim release of the vehicle.

There will be a direction to the respondent herein to produce the vehicle before the Judicial First Class Magistrate Court, Ponnani within a period of one week from the date of production of a certified copy of this judgment along with a copy of the writ petition by the petitioner.

This writ petition is disposed of as above.