Shajahan P.K. and Another v. Azeez Kannamkulam and Another
Case brief
What is this about?
This is an incidental order in an Criminal Miscellaneous case against accused challenging the Magistrate's taking of cognizance. The Court declined to exercise inherent powers, directing parties to seek discharge before the Magistrate via Section 205 application.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932
Crl.MC.No. 3483 of 2010()
------------------------------------C.C.216/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG.
PETITIONERS/ACCUSED
------------------------------------
1. SHAJAHAN. P.K., 33 YEARS, S/O.MUHAMMED KUTTY, KALADITHARA, SHUKAPURAM, P.O.EDAPPAL, MALAPPURAM DISTRICT.
2. ABOOLAIZE. P., S/O.MOHAMMED ALI, EDAPPAL, PONNANI, MALAPPURAM DISTRICT.
- BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M. REVIKRISHNAN, SRI.VIPIN NARAYAN.
Issues for consideration
2 issues framed by the court
Whether the inherent power under Section 482 of CrPC should be exercised to quash the criminal proceedings.
Whether the complaint filed under Section 138 of the Negotiable Instruments Act was without bona fides.
Parties & counsel
- petitioner
Shajahan. P.K.
- petitioner
Aboolaize. P.
- respondent
State of Kerala
- respondent
Azeez Kannamkulam
Coram
Case details
As recorded by the court registry
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