Dismissed
Abdul Basheer Puthuppady v. State of Kerala
Kerala HCCrl.MC/6293/2015
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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 B.KEMAL PASHA
WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937
Crl.MC.No. 6293 of 2015 ()
OS.NO. 139/2015 OF MUNSIFF COURT, KOYILANDY CRIME NO. 338/2015 OF BALUSSERRY POLICE STATION, KOZHIKODE DISTRICT
PETITIONERS/ACCUSED:
1. ABDUL BASHEER PUTHUPPADY,
2. ASHRAF ALI M.P., AGED 41 YEARS, S/O. AHAMMED HAJI, MADATHUMPOYIL HOUSE, UNNIKULAM P.O.,
3. SAUDHA JALEEL, AGED 35 YEARS, W/O. ABDUL JALEEL, UMMINIKUNNEMMEL HOUSE,
BY ADV. SRI.R.ABDUL AHAD
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUKLAM.
BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 6293 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
| ANNEX A- | TRUE COPY OF F.I.R. IN CRIME NO. 338/2015 BALUSSERRY POLICE STATION, KOZHIKODE DISTRICT DATED 01-06-2015. |
|---|---|
| ANNEX B- | TRUE COPY OF THE AGREEMENT DATED 02-10-2013 BETWEEN ABDUL JALEEL AND DEFACTO COMPLAINANT. |
| ANNEX C- | TRUE COPY OF THE ORDER IN I.A.NO. 513/2015 IN O.S.NO. 139/2015 BEFORE THE HONOURABLE MUNSIFF'S COURT, KOYILANDY DATED 08-04-2015. |
| ANNEX D- | TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KOZHIKODE (RURAL) AND THE RECEIPT THERERON DATED 02-06-2015. |
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B. KEMAL PASHA, J.
Crl.M.C. No.6293 of 2015 G
Dated this the 7th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioners are the accused in Crime
No.338/2015 of the Balussery Police Station registered for the offences punishable under Sections 420, 468, 471 and 447 read with Section 34 IPC. The allegation against the petitioners is that they have forged an agreement and forged the signature of the de facto complainant in it and thereafter, filed a civil suit before the civil court on the basis of such an agreement and procured an order of temporary injunction against the de facto complainant. It is also alleged that under the guise of such an order, they have trespassed into the property of the de facto complainant and put up a compound wall. According to the petitioners, the matter is of civil nature and, therefore, any investigation need not be conducted in such a case, and the proceedings
Crl.M.C.6293/2015
: 2 :
against the petitioners are liable to be quashed.
Court does not think that the matter is only of a civil nature. Very serious allegations are levelled against the petitioners. The matter has to be thoroughly investigated. It is too premature to consider the merit or otherwise of the allegations levelled against the petitioners. On investigation, the petitioners can challenge the final report in the matter, if aggrieved.
With the said liberty to the petitioners, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/07/10
// True Copy //
PA to Judge
ABDUL BASHEER PUTHUPPADY AND OTHERS
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
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