NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) More than a period of seventeen years is over since the highest court of the country had given directions to the Magistrates that they shall exercise the powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') properly and promptly. It is unfortunate that, in some cases, orders are passed mechanically and casually without really absorbing the spirit of those directions given by the Apex Court.

(2.) In Sunderbhai Ambalal Desai v. State of Gujarat : (2002) 10 SCC 283, the Supreme Court has considered the scope of invoking Section 451 of the Code in respect of vehicles where it has been observed as follows:

(3.) The petitioner herein is said to be the registered owner of the car KL 48 K 3288 which was involved in Crime No.574/2019 of Kunnamkulam police station. It is a case registered for the offences punishable under Sections 324, 326 and 308 read with 34 I.P.C. The prosecution case is that the accused intentionally drove the aforesaid car towards the de facto complainant and his friends causing them injuries and that they made attempt to commit culpable homicide not amounting to murder by doing such act.