Allowed petition to file discharge application. Held accused working in UAE need not appear personally for Section 227 Cr.P.C. filing; court below may proceed.
Directs petitioner to file discharge application under Section 227 Cr.P.C. without appearing in person.
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 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
Crl.MC.No. 92 of 2016
SC 691/2011 OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO. 930/2009 OF KANNUR TOWN POLICE STATION
PETITIONER(S)/ACCUSED NO.7:
MOHAMED SANIL, S/O.MAJEED, AGED 24 YEARS, NASILAS, KANNUR CITY P.O, KANNUR DISTRICT.
BY ADVS.SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA SMT.K.S.SUDHA
SMT.C.LEENA
RESPONDENT(S)/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.
2. THE SUB INSPECTOR OF POLICE,
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 92 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
RESPONDENT(S)' ANNEXURES
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
=====================
CRL.M.C.No.92 of 2016
====================== Dated this the 21st day of January, 2016
O R D E R
The petitioner is the 7th accused in S.C.No.691 of 2011
of the Assistant Sessions Court, Kannur, for the offence under Section 395 IPC.
According to the petitioner, he wants to file a petition before the court below seeking discharge under Section 227 Cr.P.C.
This Crl.M.C. is disposed of as above.
B. KEMAL PASHA, JUDGE.
DSV/21/1/16 // True Copy // P.A. To Judge
1 issue framed by the court
Whether an accused working abroad need not appear personally to file a discharge application under Section 227 Cr.P.C.
MOHAMED SANIL
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
