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2023 Supreme(Online)(KER) 5207

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SREEJA V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
BIJU SUNDAR, S.RENOJ, PP-SRI.G.SUDHEER

ORDER

Dated this the 11th day of January, 2023 This is a petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred as ‘Cr.P.C’)

seeking the following prayers:

“a) allow the Petition and set aside the Annexure A1 order dated 28th day of June 2022 in Crl.M.P No:1493/2022 on the file of the Learned 2nd Additional Sessions Judge-I Thiruvananthapuram.

b) Necessary and effective directions may be given to the Respondents to release the said vehicle to the petitioner within a time frame as because the said vehicle is left on the roadside of the 3rd respondent's office.

c) Grant such other relief that this Hon'ble Court may deem fit and proper in this case for the return of the said vehicle to the petitioner.”

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. It is submitted by the learned counsel for the petitioner that, order in Crl.M.P. No. 1493/2022 dated 28.06.2022 passed by the learned Special Judge (Additional Sessions Judge-I), Thiruvananthapuram, is liable to be quashed since as per the impugned order, the learned Special Judge, refused to release the Royal Enfield motor cycle bearing registration no. KL-22-G-590

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