In a criminal miscellaneous case, the High Court of Kerala dismissed the petition for non-prosecution as the petitioners failed to appear or pay service charges for the additional second respondent on the scheduled date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
Crl.MC.No. 1404 of 2012 ()
--------------------------(CRIME NO.460/2007 OF CHAVAKKAD POLICE STATION, THRISSUR)
PETITIONERS :
-------------------
1. ABDUL AZEEZ, AGED 61 YEARS, S/O. HYDROSS KUTTY, POONTHATTU VEEDU, KALOOR AMSOM,
2. NAFEESA AZEEZ, AGED 49 YEARS, W/O ABDUL AZEEZ, POONTHATTU VEEDU, KALOOR AMSOM,
3. AHMED KABEER, S/O HYDROS KUTTY,
BY ADVS.SMT.VINEETHA B.
RESPONDENTS :
----------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.460/2007 OF CHAVAKKAD POLICE STATION, THRISSUR)
ADDL. R2 IMPLEADED :
2. RAJAGOPALAN NAIR, S/O. GOPALAKRISHNA PILLAI, 45/1892, LINK PARK LANE POTTAKUZHI ROAD, PACHALAMKARA, ERNAKULA M.
ADDL. R2 IS IMPLEADED AS PER ORDER DT 6/11/2013 IN Crl.M.A. 43082012 IN Crl. M.C. 1404/12
R1 BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
K. RAMAKRISHNAN, J.
Crl.M.C.No.1404 of 2012
Dated this the 18th day of June, 2014.
O R D E R
On 6.11.2013 an application for impleading the de facto complainant as additional second respondent was allowed and notice was ordered to the additional second respondent and ordered to post the case after service is complete. Thereafter it was posted to 11.4.2014 and on that day it was posted to 22.5.2014. On 22.5.2014 the counsel for the petitioners submitted that there is no information from the petitioners received and prays time to get further instructions. This Court also directed to get a report from the Judicial First Class Magistrate Court, Chavakkad regarding the present stage of the case and posted the case to 31.5.2014. On 31.5.2014 it was adjourned to 12.6.2014 in the second admission list. On 12.6.2014 there was no representation and no process paid to serve notice on the additional second respondent and posted the case today in the disposal list.
Even today, there is no representation for the petitioners and no process paid as directed. That shows that the petitioners
Crl.M.C.No.1404 of 2012 2
are not interested in prosecuting the case. So, the petition is dismissed for non prosecution.
Communicate the order to the concerned court
immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
/true copy/
P.S to Judge
ABDUL AZEEZ
NAFEESA AZEEZ
AHMED KABEER
STATE OF KERALA
RAJAGOPALAN NAIR
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
