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1 - 7 of 7 (0.29 seconds)The Indian Penal Code, 1860
Section 188 in The Indian Penal Code, 1860 [Entire Act]
Thonikkadavath Shoukathali vs The Tahsildar on 10 February, 2009
Lorry No.KL-5/5227 was seized by the police
in crime No.640/2008 of Sasthamcotta police station
registered for the offences under Sections 379, 188
and 34 of Indian Penal Code and Sections 20 and 21 of
Kerala River Bank Protection and Removal of Sand Act,
2001. Petitioner filed C.M.P.4365/2009 under Section
451 of Code of Criminal Procedure for interim
custody of the vehicle. Under Annexure-A3 order
learned Magistrate dismissed the petition holding that
in view of the decision of this court in Shoukathali
v. Tahsildar (2009 (1) KLT 640) petitioner has to
approach District Collector for interim custody of the
vehicle. This petition is filed under Section 482 of
Code of Criminal Procedure to quash Annexure-A3 order
and for interim custody of the vehicle contending that
when the offences alleged include offence under
Indian Penal Code and when the vehicle was produced
before the Magistrate, learned Magistrate is competent
CRMC 2549/09
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to grant interim custody under Section 451 of Code of
Criminal Procedure and dismissal of the application
is illegal.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
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