Disposed

Nizamudeen v. State of Kerala

Kerala HC19 Jan 2016Crl.MC/97/2016

Case brief

AI extract

What is this about?

Petitioner complained of undue delay in filing final report in a crime registered in 2011 involving offences under Section 153A IPC. Public Prosecutor stated investigation was over but awaiting sanction. Court directed IO to obtain sanction and file final report immediately.

What did the court decide?

Directed the investigating officer to make available the sanction at the earliest and file the final report immediately.

Nizamudeen Vs State of Kerala — Constitutional and Fundamental Rights | 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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TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

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Crl.MC.No. 97 of 2016 ()

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CRIME NO. 635/2011 OF BEKAL POLICE STATION, KASARGOD DISTRICT

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PETITIONER :

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NIZAMUDEEN, AGED 40 YEARS S/O.ISMAIL HAJI, NOUSHAD MANZIL, PALLIKKARA P.O. HOSDURG TALUK, KASARGODE DISTRICT.

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BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENT :

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

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BY PUBLIC PROSECUTOR SMT. P. MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 97 of 2016 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE A1 : CERTIFIED COPY OF THE FIR IN CRIME NO. 635/2011 REGISTRATION BY BEKEL POLICE.

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RESPONDENT'S ANNEXURES : NIL

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//TRUE COPY//

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P.A. TO JUDGE Mn

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B. KEMAL PASHA, J.

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Crl.M.C. No.97 of 2016

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Dated this the 19^th day of January, 2016

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~ ~ ~ ~ ~ ~

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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The complaint of the petitioner is that even

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though the crime was registered in the year 2011 as Crime No.635/2011 of Bekal Police Station, the final report has not been filed so far and unnecessarily, the proceedings are being prolonged.

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The learned Public Prosecutor submits that the investigation of this case is practically over and final report can be filed at any time. It has been pointed out by the learned Public Prosecutor that since the offence under Section 153A IPC has also been incorporated in the matter, the investigating officer is presently awaiting sanction for the prosecution and on getting sanction, final report will be filed

Crl.M.C.97/2016

: 2 :

immediately.

Recording the aforesaid submission of the learned

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Public Prosecutor, this Crl.M.C. is closed by directing the investigating officer to make available the sanction at the earliest and file the final report immediately.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/19/01

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// True Copy //

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PA to Judge

Nizamudeen v. State of Kerala

Case brief

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Nizamudeen v. State of Kerala

Case brief

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