Larger accused challenged trial proceedings seeking alibi verification via a duty certificate. The High Court held the stage was premature to examine plea veracity and directed expeditious proceedings below.
Petitioners given liberty to raise contentions in trial; trial court directed to expedite proceedings.
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
THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937
Crl.MC.No. 480 of 2016
CC 2556/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
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1. NASARUDEEN, AGED 48 YEARS,
2. NAUFAL, AGED 20 YEARS, S/O. NASEER HUSSAIN, RESIDING AT THENGUVILA VEEDU, CRAPPIN MUGHAM ROAD, MANVILA, ATTIPRAVILALGE, THIRUVANANTHAPRUAM.
3. SHANIFA, AGED 40 YEARS, W/O. NASEER HUSSAIN, RESIDING AT THENGUVILA VEEDU, CRAPPIN MUGHAM ROAD, MANVILA, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SMT.MAJIDA.S SRI.AJIKHAN.M
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. ABDUL VAHEED,
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 480 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
B. KEMAL PASHA, J.
Crl.M.C. No.480 of 2016
Dated this the 4th day of February, 2016
~ ~ ~ ~ ~ ~
Petitioners are the accused in CC No.2556/2015
of the Judicial First Class Magistrate's Court-II, Thiruvananthapuram, which has arisen from Crime No.555/2015 of Thumba Police Station for the offences under Sections 447 and 427 read with Section 34 IPC.
Crl.M.C.480/2016
: 2 :
the certificate and the correctness of the contents depend on evidence in the matter. When it is a plea of alibi, it is for the party, who takes up the plea, to prove it. The present stage is too premature to consider the said question.
With liberty to the petitioners to take up the very same contentions before the court below, this Crl.M.C. is disposed of. The court below shall expedite the proceedings in the matter and attempt to have an expeditious disposal.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/04/02
// True Copy //
PA to Judge
1 issue framed by the court
Whether the plea of alibi regarding duty attendance at KSEB Sub Station should be examined at this interim stage.
3 provisions across 1 enactments
NASARUDEEN
NAUFAL
SHANIFA
STATE OF KERALA
ABDUL VAHEED
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
