Disposed

Mohammed Ashraf v. State of Kerala

Kerala HC4 Jul 2018Crl.MC/1199/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala disposed of the petition seeking quashment of proceedings due to delay. The court granted permission for the petitioner to obtain a passport for three years for business purposes, subject to filing an application.

What did the court decide?

The petition was disposed of. The petitioner was directed to be issued a passport for three years upon filing an application.

Mohammed Ashraf Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940

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Crl.MC.No. 1199 of 2018

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C.C.NO. 867/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG

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PETITIONER(S)/ACCUSED :

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MOHAMMED ASHRAF, AGED 43 YEARS, S/O.MOIDEENKUTTY, CHATHANGAI HOUSE, CHANDRAGIRI P.O., KASARAGOD.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/COMPLAINANT/STATE :

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1. STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (CRIME NO.272/2009 OF BEKAL POLICE STATION, KASARAGOD DISTRICT).

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ADDITIONAL R2 IMPLEADED

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2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, MINI BYPASS ROAD, ERANHIPPALAM, NEAR MALABAR HOSPITAL, KOZHIKODE- 673 006.

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ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 04.07.2018 IN CRL.M.A.NO.6942 OF 2018.

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R1 BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd. 05.07.2018

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Crl.MC.No. 1199 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1	COPY OF THE PROCEEDINGS DATED 9/1/2009 OF GOVT. OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, PASSPORT OFFICE, DATED 9/1/2009
ANNEXURE II	COPY OF THE RECEIPT ISSUED BY PASSPORT OFFICE, KOZHIKODE, WITH RESPECT TO THE REMITTANCE OF FINE.
ANNEXURE III	COPY OF THE PROCEEDINGS OF THE MINISTRY OF EXTERNAL OFFICE, PASSPORT OFFICE, REGARDING THE IMPOUNDING OF PASSPORT NO.E 6113892.
ANNEXURE IV	COPY OF THE FINAL REPORT IN CRIME NO.272/2009 OF BAKEL POLICE STATION WHICH IS NOW PENDING AS CC NO.867/2012 ON THE FILE OF THE JFCM-II, HOSDURG.
ANNEXURE V	TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 16/7/2015 IN CRL.M.C NO.4266/15.
ANNEXURE VI	TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 28/08/2014 IN CRL.MC NO.3874/13.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 05.07.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. No. 1199 of 2018

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Dated this the 4^th day of July, 2018

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ORDER

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Petitioner is the accused in C.C. No.867 of 2012 on the file of the Judicial Magistrate of First Class-II, Hosdurg. He is alleged to have committed the offences punishable under Sections 419, 465, 468 and 471 IPC. During the pendency of the case in the trial court further investigation was undertaken and it is still going on. The proceedings are sought to be quashed on the ground of inordinate delay.

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When the matter was taken up for hearing it was submitted that it is sufficient if the petitioner is given permission to obtain a passport for three years to enable him to go abroad in connection with his business.

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-:2:-

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Crl.M.C. 1199/18

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After hearing the learned counsel for the petitioner, the learned Public Prosecutor and the learned Assistant Solicitor General of India, I am satisfied that the facts of the case justify granting the prayer.

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In the result, this Crl.M.C is disposed of. The petitioner may be issued a passport for three years provided he files an application for the same and it is in order. If the petitioner is aggrieved by the supplementary final report he may challenge it in appropriate forum.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps 5/7

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/True Copy/

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PS to Judge

Mohammed Ashraf v. State of Kerala

Case brief

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Mohammed Ashraf v. State of Kerala

Case brief

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