Disposed

Yousaf v. State of Kerala

Kerala HC3 Apr 2009Crl.MC/1240/2009

Case brief

AI extract

What is this about?

The petitioner sought return of his Electoral Photo Identity Card from the Magistrate to vote in parliamentary elections. The Court directed the petitioner to file a specific application before the Magistrate for return of the card instead of passing a direct order.

What did the court decide?

Crl.M.C. disposed by directing petitioner to file an application before the Court below for return of the Identity Card.

Yousaf Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931

¶4

Crl.MC.No. 1240 of 2009() -------------------------------------(CRIME NO.322 OF 2009 OF KOCHI CUSBA POLICE STATION)

¶5

PETITIONER(S): ACCUSED:

¶6

-----------------------------------------

¶7

YOUSAF, AGED 57 YEARS, S/O.MOIDEENKUTTY, 5/368,BUNGALOW PARAMBU, MATTANCHERRY, COCHIN-2.

¶8

BY ADV. MR.ASHIK K.MOHAMMED ALI

¶9

RESPONDENT(S): COMPLAINANT:

¶10

---------------------------------------------------

¶11

STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶12

BY PUBLIC PROSECUTOR MR. AMJAD ALI

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Kss

¶15

ORDER ON CRL.M.A.NO.1937/2009 IN CRMC.NO.1240/2009

¶16

CLOSED

¶17

3/04/2009

¶18

SD/- M.N.KRISHNAN, JUDGE

/TRUE COPY/

P.A.TO JUDGE

Kss

M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1240 OF 2009 = = = = = = = = = = = = = = = Dated this the 3^rd day of April, 2009.

¶23

O R D E R

¶24

This petition is filed with a prayer to direct the Judicial First Class Magistrate-II, Kochi to return the original Electoral Photo Identity Card retained by the learned Magistrate in the file of Crime No.322/09 of Kochi Cusba Police Station. The grievance is that he wants to vote in the forthcoming parliamentary election and denial of return of the Photo Identity Card may affect his fundamental right to vote. The proper relief that can be granted to the party is to direct him to file an application before the Court below for return of the Identity Card and the Court below can pass appropriate orders and it should be borne in mind that Electoral Photo Identity Card is really necessary for voting in Elections.

¶25

The Crl.M.C. is disposed of accordingly.

¶26

M.N. KRISHNAN, JUDGE.

¶27

ul/-

Yousaf v. State of Kerala

Case brief

What is this about?

What did the court decide?

Yousaf v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S.Muthoot Fincorp.Ltd. Vs the State of Kerala

C.Ravi Vs State of Kerala and Others

Fr.Kuriakose Mangalath Vs State of Kerala

Alex Vs State of Kerala

Stanin Symon Vs State of Kerala & Another

Aneesh Vs T.A. Velayudhan and Another