SURESH v. STATE OF KERALA
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 41(1)(d)
- Kerala Police Act s. 53(A)
Judgment
Crl. MC 3825/08: 4 :which I have extracted above clearly shows that there must bereason to believe that the property seized was stolen property or theproperty fraudulently obtained. There is no whisper of an allegationto that effect and the orders passed by the learned Magistrate clearlyshows that the culpability under Section 53 (A) is not attracted in anyway. I am, in this circumstance, satisfied that the prayer in thepetition is justified.8. In the result, this Crl. M.C. is allowed and thecognizance taken against the petitioner u/s 53 A of the Kerala PoliceAct on the basis of Crime 912/07 of the Karunagappilly Police Station(C.C.01/08 of Judicial First Class Magistrate, Karunagappilly) ishereby quashed. (R BASANT, JUDGE)KMD
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 41(1)(d); Kerala Police Act — s. 53(A).
Which court decided this case, and when?
Kerala High Court, on 04 Dec 2008. The bench was R BASANT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.