Disposed

Faisal v. State of Kerala

Kerala HC17 Jun 2014Crl.MC/2073/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC for expediting a cheating investigation delayed since 2008, the court directed the investigating officer to file a final report within two months and the magistrates to expedite the trial thereafter.

What did the court decide?

The investigating officer was directed to file a final report within two months. The Magistrate is directed to expedite the trial after the report is filed.

Faisal Vs State of Kerala — Cheating and Forgery | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936

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Crl.MC.No. 2073 of 2014 ()

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CMP 2340/2014 of J.M.F.C.,TIRUR

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CRIME NO. 546/2008 OF KUTTIPURAM POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED:

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FAISAL, AGED 34 YEARS, S/O.MUHAMMED KUTTY, ANNATH HOUSE KUTTIPURAM AMSOM DESOM, TIRUR TALUK MALAPPURAM DISTRICT.

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BY ADVS.SRI.SIRAJ KAROLY SMT.A.SEENA

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RESPONDENT(S)/COMPLAINANT:

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

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R1 BY PUBLIC PROSECUTOR SRI. P. MAYA.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2073 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXUE I: TRUE COPY OF THE TITLE DEED OF THE PROPERTY.

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ANNEXURE II: TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY.

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ANNEXURE III: TRUE COPY OF THE NON ECNUMBRANCE CERTIFICATE OF THE PROPERTY.

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ANNEXURE IV: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR.

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ANNEXURE V: TRUE COPY OF THE ORDER DATED 3/2/2011.

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ANNEXURE VI: TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 16/03/2011.

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ANNEXURE VII: TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST MAGISTRATE COURT, TIRUR DATED 23/6/2011.

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ANNEXURE VIII: TRUE COPY OF THE PETITION.

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ANNEXURE IX: TRUE COPY OF THE REPORT.

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ANNEXURE X: TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE BROTHER OF THE PETITIONER FROM FEDERAL BANK, KUTTIPURAM.

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ANNEXURE XI: TRUE COPY OF THE RECEIPT ISSUED BY CHEMBRA JEWELLERY, TIRUR.

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ANNEXURE XII: TRUE COPY OF THE ORDER DATED 18/3/2014.

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RESPONDENTS EXHIBITS: NIL

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

/TRUE COPY/

P.A. TO JUDGE

SKV

K. RAMAKRISHNAN, J.

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Crl.M.C.No.2073 of 2014

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Dated this the 17^th day of June, 2014.

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O R D E R

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This Criminal Miscellaneous Case is filed by the petitioner, who is the third accused in Crime No.546/2008 of Kuttipuram police station, for expediting the investigation and also for issuing directions under Section 482 of the Code of Criminal Procedure.

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It is alleged in the petition that the petitioner is arrayed as the third accused in Crime No.546/2008 along with other accused persons alleging that he had committed the offence of cheating punishable under Section 420 read with section 34 of the Indian Penal Code. The original title deed of the petitioner's landed property was seized in connection with the investigation and that was produced before the court below. The petitioner filed a petition for releasing the document, but that was dismissed. He took up the matter before this Court and as per Annexure-VI order, this Court directed the Magistrate to release the original with necessary condition retaining the certified copy. Accordingly, the document was released to him. In fact, according to the petitioner, the document is not necessary for

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Crl.M.C.No.2073 of 2014 2

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trial and it is not a stolen property. Thereafter he filed an application for lifting condition No.3 that he will not transfer or encumber the property and that petition was dismissed by the learned Magistrate by Annexure-XII order. Since investigation is not being conducted properly and investigation is not completed within time, he has no other remedy except to approach this Court seeking the following reliefs:

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i. Call for the records leading to Annexure VII and Annexure XII orders passed by the Judicial First Class Magistrate Court-I, Tirur in Crime No.546/2008 and set aside the 3^rd and 4^th condition in Annexure VII and allow the petition.

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ii. Issue a direction to the police to lay the charge sheet forthwith in Crime No.546/2008 of Kuttipuram police and necessary direction may be given to the Judicial First Class Magistrate Court-I, Tirur to expedite and finish the trial within a

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stipulated time.

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The Senior Public Prosecutor appearing for the respondent opposing the application submitted that he will expedite the investigation and file final report. When a direction was given to submit regarding the time required for completing the investigation, Senior Public Prosecutor submitted that he will complete the investigation and file final

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Crl.M.C.No.2073 of 2014

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report within two months.

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When this petition came up for hearing today, the learned counsel for the petitioner did not press for the first prayer. So I am not going into that question now. The counsel for the petitioner also submitted that a direction may be given to the court below to expedite the trial, if final report is filed within a time frame. Since more than one accused is involved in the case and without getting the presence of all the accused, it is not possible for that court to proceed with the trial of the case and such a direction cannot be given at this stage. So considering the circumstances, this Court feels that the petition can be disposed of as follows:

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The investigating officer is directed to expedite the investigation and file final report as expeditiously as possible, at any rate, within two months from today. If the final report is filed, then the learned Magistrate is also directed to take earnest effort to expedite the trial of the case considering the fact that crime is of the year 2008.

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With the above directions and observations, this petition is disposed of.

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K. RAMAKRISHNAN, JUDGE.

/true copy/

P.S to Judge

Crl.M.C.No.2073 of 2014 4

Faisal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Faisal v. State of Kerala

Case brief

What is this about?

What did the court decide?

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