Partly allowed

Shakkira Aboobacker v. State of Kerala

Kerala HC18 Feb 2016Crl.MC/229/2016

Case brief

AI extract

What is this about?

The Court granted exemption from personal appearance for four months to the petitioners in two criminal miscellaneous cases, allowing them to challenge a notification and seek orders regarding the extension of prosecution. The standing counsel's opposition resulted in a modification of the initial requested six-month exemption.

What did the court decide?

Exemption from personal appearance granted to petitioners in C.C. No. 232 of 2011 and C.C. No. 221 of 2014 for a period of four months from the date of the order.

Shakkira Aboobacker Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2016)

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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 B.KEMAL PASHA

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THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

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Crl.MC.No. 229 of 2016

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CC 232/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR

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PETITIONER(S):

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

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1. SHAKKIRA ABOOBACKER, AGED 51 YEARS, CHAIRPERSON OF THE USHUS EDUCATIONAL TRUST, WHICH RUNS THE USHUSH ENGLISH SCHOOL, PATTAMBI ROAD, EDAPPAL, CHUNGAM, MALAPPURAM DISTRICT-679 576, (RESIDING AT VALIYIL HOSUE, VATTAMKULAM), EDAPPAL, MALAPPURAM DISTRICT-679 578.

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2. USHUS ENGLISH SCHOOL, PATTAMBI ROAD, EDAPPAL, CHUNGAM, MALAPPURAM DISTRICT-679 576, REPRESENTED BY ITS CHAIRPERSON SMT. SHAKIRA ABOOBACKER.

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BY ADV. SRI.VARGHESE C.KURIAKOSE

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RESPONDENT(S):

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

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. ESI CORPORATION, REPRESENTED BY THE SOCIAL SECURITY OFFICER, ESI CORPORATION, THRISSUR-680 301.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.P.SANKARANKUTTY NAIR, SC

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2016, ALONG WITH CRMC. 230/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 229 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-A1. TRUE PHOTOSTAT TRUST DEED PERTAINING TO M/S.USHUS EDUCATIONAL TRUST

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ANNEXURE-A2. TRUE PHOTOSTAT COPY OF THE COMPLAINT IN CC 232/2011.

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ANNEXURE-A3. CERTIFIED COPY OF THE APPLICATION IN CRL.MP NO.5322/2015 SEEKING TO DEFER THE PROSECUTION PROCEEDINGS FOR A PERIOD OF ONE YEAR TO AWAIT THE DECISION OF APEX COURT ON THE ISSUED AS TO BE THE EXIGIBILITY OF THE EXTENTION.

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ANNEXURE-A4. PHOTOSTAT COPY OF THE ORDER IN CRL.MP NO.5322/2015. RESPONDENT(S)' ANNEXURES:

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ANNEXURE R2: TRUE COPY OF THE ORDER IN I.C.NO.46/2012 DTD.2.2.2013.

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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======================== CRL.M.C. Nos.229 & 230 of 2016 ======================== Dated this the 18^th day of February, 2016

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O R D E R

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The learned counsel for the petitioners seeks for

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exemption to the petitioners from personal appearance before the court below for six months in these two cases for enabling the petitioners to challenge the notification in question.

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The learned Standing Counsel for the ESI opposes the said request.

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On hearing either side, this Court is of the view that exemption for four months can be granted to the petitioners in these two cases, for enabling the petitioners to challenge the notification properly and to obtain orders in the matter, if they are entitled.

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In the result, these Crl.M.Cs are disposed of by

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CRL.M.C.Nos.229 & 230 of 2016

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-: 2 :-

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directing the court below to grant exemption from personal appearance to the petitioners in C.C.No.232 of 2011 as well

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as C.C.No.221 of 2014 for a period of four months from

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today.

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These CRL.M.Cs. are disposed of accordingly.

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Sd/- B. KEMAL PASHA,

JUDGE.

DSV/18/2/16

// true copy //

P.A. to Judge.

Shakkira Aboobacker v. State of Kerala

Case brief

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Shakkira Aboobacker v. State of Kerala

Case brief

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