Disposed

Haja Mahin and Others v. S.I.of Police and Another

Kerala HC21 Aug 2009Crl.MC/2600/2009

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a criminal miscellaneous petition filed by accused seeking quashing of FIR. On hearing learned counsel, the Court granted liberty to move the Magistrate under CrPC 205 for dispensing with personal presence for trial.

What did the court decide?

The petition was disposed granting liberty to move the Magistrate under Section 205 CrPC to dispense with presence for trial.

Haja Mahin and Others Vs S.I.of Police and… — Civil Procedure and Limitation | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

¶4

FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931

¶5

Crl.MC.No. 2600 of 2009()

¶6

-----------------------------------CC.1878/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR

¶7

PETITIONERS/ACCUSED

¶8

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

¶9

1. HAJA MAHIN, S/O.SHAHUL HAMEED, T.C.49/649, DARUSALAM HOUSE, MANACAD VILLAGE, KALICHAKULAM DESOM, THIRUVANANTHAPURAM.

¶10

2. SARAVANAN, S/O.SIVARAJ, SARAHARI NIVAS, KUNDUVARA, CHEMBUKKAVU, THRISSUR.

¶11

3. JOBY T.P., S/O.POULOSE, THEKKUMPURAM HOUSE, P.O.PANAMUKKU, THRISSUR.

¶12

BY ADV. MR.P.V.KUNHIKRISHNAN

¶13

RESPONDENTS/COMPLAINANT

¶14

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

¶15

1. SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR.

¶16

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶17

R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR.

¶18

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

rs.

¶20

M.SASIDHARAN NAMBIAR,J.

¶21

CRL.M.C.NO.2600 OF 2009 -----------------------------------------Dated 21^st August 2009

¶22

O R D E R

¶23

Petitioners are accused in C.C.1878/2007 on

¶24

the file of Judicial First Class Magistrate-I, Thrissur taken cognizance for the offences under Section 384 read with Section 34 of Indian Penal Code.

¶25

Learned counsel appearing for petitioners

¶26

was heard.

¶27

On hearing the learned counsel appearing for the petitioners finding that court is not inclined to quash the complaint, learned counsel submitted that prayer to quash the proceedings is not pressed and learned Magistrate may be directed to dispense with the presence of the petitioners.

¶28

Petition is disposed granting liberty to the petitioners to move the Magistrate under Section 205 of Code of Criminal Procedure to dispense with the presence of the petitioners for the purpose of trial. If proper application is filed, it is to be considered by the learned Magistrate in accordance with law.

¶29

M.SASIDHARAN NAMBIAR, JUDGE.

¶30

uj.

Haja Mahin and Others v. S.I.of Police and Another

Case brief

What is this about?

What did the court decide?

Haja Mahin and Others v. S.I.of Police and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.a.Jayaram Vs State of Kerala

P.F.Rajesh Vs State of Kerala

Mansoor.a Vs Shibina Mansoor and Another

Maimutty @ Muhammed Vs State of Kerala

Mohammedali Vs Jameela

Jessy Samuel Vs State of Kerala