Kerala High Court
Rajeevan Nambiar vs The Sub Inspector Of Police
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY,THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
Crl.MC.No. 2791 of 2014 ()
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CRIME NO. 314/2014 OF BALUSSERY POLICE STATION , KOZHIKODE DISTRICT
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PETITIONER :
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RAJEEVAN NAMBIAR,AGED 46 YEARS, S/O.SANKARAN NAMBIAR,
THIRVATHKANDY HOUSE, MODAKKALLUR,ATHOLY VILLAGE,
KOYILANDY TALUK, KOZHIKODE DISTRICT,
PIN- 673 315.
BY ADV. SRI.M.KRISHNAKUMAR
RESPONDENT(S):
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1. THE SUB INSPECTOR OF POLICE,
BALUSSERY POLICE STATION,
KOZHIKODE DISTRICT -673 612.
2. THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 16-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 2791 of 2014 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEX A. COPY OF THE FIR.NO. 314/14 OF BALUSSERY POLICE STATION.
ANNEX B. COPY OF THE LICENSE FROM THE UNNIKULAM GRAMA PANCHAYATH.
ANNEX C. COPY OF THE CONSENT FROM THE KERALA STATE POLLUTION
CONTROL BOARD.
ANNEX D. COPY OF THE BLASTING LICENSE.
ANNEX E. CERTIFIED COPY OF THE EXPLOSIVE LICENSE.
ANNEX F. COPY OF THE CHALAN RECEIPT DATED 10.3.14.
ANNEX G. COPY OF THE INTERIM ORDER DATED 13.6.13 IN WPC.NO. 11326/13
ANNEX H. COPY OF THE INTERIM ORDER DATED 12.12.13 IN WPC.NO. 11326/13.
ANNEX I. COPY OF RELEVANT PAGES OF THE EXPLOSIVE RULES 2008.
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
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K.RAMAKRISHNAN, J.
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Crl.M.C.No.2791 of 2014
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Dated this the 16th day of June, 2014
ORDER
This is an application filed by the petitioner who is the accused in Crime No.314/2014 of Balussery Police Station of Kozhikode rural for quashing the proceedings and seeking further consequential reliefs under Section 482 of the Code of Criminal Procedure (hereinafter called as the 'Code') as follows.
1.Pass appropriate orders to quash Annexure A- FIR
2.Pass appropriate orders directing the respondents to release forthwith the seized explosives together with the stock register and
3. to pass such other appropriate orders that this Hon'ble Court deems fit and proper in the circumstances of the case.
2. When the application came up for hearing today, as directed by this Court and on instruction, the learned Public Prosecutor submitted that in view of the fact that Crl.M.C.No.2791 of 2014 2 he is having license to conduct quarry and also to posses the explosives and he had filed the application for renewal within time, they have already filed report before the concerned court that further action dropped and that report was filed on 14/06/2014.
3. The Counsel for the petitioner submitted that the above submission of the learned Public Prosecutor may be recorded and the petition may be disposed of with the liberty for the petitioner to move for release of the seized articles from the court below in accordance with law.
4. The above submission of the learned Public Prosecutor and the Counsel for the petitioner are recorded and the petition is disposed of with the above liberty for the petitioner to move the concerned court for release of the articles seized in connection with the above crime under Section 452 of the Code.
Sd/-K.RAMAKRISHNAN JUDGE MJL