Kerala High Court
Hajee V.K.Moidu And Company vs State Of Kerala
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY,THE 11TH DAY OF AUGUST 2014/20TH SRAVANA, 1936
OP(Crl.).No. 165 of 2014 (Q)
----------------------------------------
CRRP NO. 10/2014 OF DISTRICT AND SESSIONS COURT, WAYANAD
------------------
PETITIONER :
---------------------
HAJEE V.K.MOIDU AND COMPANY,
18/541A, ZAMORINE COLLEGE, NORTH ROAD,
KOZHIKODE REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
ABDUL KHADER P.K.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENT :
------------------------
STATE OF KERALA,
REPRESENTED BY FOREST RANGE OFFICER,
MUTHANA FOREST RANGE, WAYANAD.
BY SPL.GOVERNMENT PLEADER SRI.M.P.MADHAVANKUTTY(FOREST)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11-08-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP(Crl.).No. 165 of 2014 (Q)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE LORRY
BEARING REGISTRATION NUMBER KED 3654 OWNED BY THE
PETITIONER.
EXHIBIT P2 : TRUE COPY OF THE CMP NO.3389/2014 IN MUTHANGA OR NO.1/2014
FILED BY THE PETITIONER BEFORE THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, SULTHAN BATHERY.
EXHIBIT P3 : TRUE COPY OF THE ORDER DATED 23-06-2014 IN CMP NO.3389/2014 IN
MUTHANGA OR NO.1/2014 PASSED BY THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT, SULTHAN BATHERY.
EXHIBIT P4 : TRUE COPY OF THE REVISION PETITION FILED BY THE RESPONDENT
AS CRL. R.P NO.10/2014 BEFORE THE HON'BLE SESSIONS COURT
KALPETTA.
EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 04-07-2014 OF THE HON'BLE
SESSIONS COURT, KALPETTA IN CMP NO.1152/2014 IN CRL.R.P.10/2014
EXHIBIT P6 : TRUE COPY OF THE PETITION UNDER SECTION 451 OF THE
CR.P.C PREFERRED BY THE PETITIONER IN CRL.R.P.10/2014 BEFORE
THE HON'BLE SESSIONS COURT, KALPETTA.
RESPONDENT(S)' EXHIBITS:
-----------------------------------------
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. Ramakrishnan, J.
==============================
O.P.(Criminal).No.165 of 2014
==============================
Dated this, the 11th day of August, 2014.
J U D G M E N T
This is an application filed by the petitioner for issuing a direction to dispose of Ext.P4 revision pending before Sessions Court, Kalpetta within a time frame under Article 226 of Constitution of India.
2. It is alleged in the petition that petitioner is a lorry owner and he is also conducting a transporting company. 56 parcels were transported in the lorry owned by the petitioner and when it reached Muthanga, the Forest Range Officer, Muthanga intercepted and seized the vehicle along with the parcels alleging that it contained 3,880 kilograms of 'Karuppa' and Kulirmave' transported in the vehicle in 45 sacks and registered OR.No.1/2014. The petitioner moved Crl.M.P.No.3389/14 in Muthanga before Judicial First Class Magistrate Court, Sulthan Bathery under Section 457 of Code of Criminal Procedure seeking interim custody of the lorry with number KED 3654 and also the parcels transported in the vehicle. But, the learned magistrate allowed the application by Ext.P3 order. This was challenged by the State by filing Ext.P4 O.P.(Criminal).No.165 of 2014 : 2 : revision before the Sessions Court, Kalpetta and the petitioner moved Ext.P6 petition under Section 451 of Code of Criminal Procedure for interim custody of the vehicle as well before that court. Though he filed an application for advance the hearing and dispose of the case, that was dismissed by the learned Sessions Judge by Ext.P5 order. Unless the case is disposed of at the earliest, he will be put to serious hardship and he may not be able to get the vehicle back as well. So, the petitioner has no other remedy except to approach this court seeking the following relief:
"i) to direct the Sessions Court, Kalpetta to consider and pass orders on Ext.P6 petition preferred by the petitioner on 01.08.2014 itself or within such time as this Hon'ble Court deems fit to grant,
ii) to direct the Sessions Court, Kalpetta to consider and dispose of Ext.P4 revision at the earliest, and within a time frame to be fixed by this Hon'ble Court."
3. Considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and learned Public Prosecutor and also the Special Government Pleader for Forest after getting a report from the court below. Accordingly, a report has been called for and the O.P.(Criminal).No.165 of 2014 : 3 : learned Sessions Judge has sent a report which reads as follows:
"With reference to the direction in the Official Memorandum cited, I may report that the Criminal Revision Petition No.10/2014 on the file of this court stands posted to 07.08.2014 for hearing on maintainability.
I may further report that after hearing the Revision petition on maintainability on 07.08.2014 the time required for disposal of the same with petition filed under section 451 Cr.P.C is two weeks thereafter."
4. The Counsel for the petitioner submitted that he wants only early disposal of the revision as well as the petition filed by him for interim custody before the Sessions Court.
5. The application was opposed by the Public Prosecutor.
6. The only grievance of the petitioner is that the learned Sessions Judge is not disposing the revision petition filed by the State against Ext.P3 order and also the application filed by him for interim custody of the vehicle till the disposal of the revision petition. The learned Sessions Judge has sent a report stating that he will be able to dispose of the petition within two weeks from 07.08.2014 on which date, it was posted for hearing on maintainability of the revision against the impugned order. Considering the circumstances, this court O.P.(Criminal).No.165 of 2014 : 4 : feels that the petition can be disposed of on the basis of the report of the learned Sessions Judge. So, the petition is disposed of as follows:
The learned Sessions Judge, Kalpetta is directed to dispose of Crl.R.P.No.10/14 pending before that court and also Ext.P6 petition filed by the petitioner for seeking interim custody as expeditiously as possible at any rate within two weeks from the date of receipt of this order.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge