Allowed

Ashik.P @ Muhammed Ashik.P v. the State of Kerala

Kerala HC7 Jun 2019Crl.MC/1904/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam (Kerala) allowed the petitioners to file an application for discharge before the First Additional Sessions Court, Kasaragod, provided charges have not been framed, directing the Sessions Court to decide the matter within two months.

What did the court decide?

Liberty granted to petitioners to file an application for discharge before the Sessions Court, agreed to be considered within two months.

Ashik.P @ Muhammed Ashik.P Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

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Crl.MC.No. 1904 of 2019

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AGAINST THE ORDER IN SC 302/2013 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I, KASARAGOD

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CRIME NO. 20/2013 OF HOSDURG POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED 2 & 3:

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1 ASHIK.P @ MUHAMMED ASHIK.P AGED 24 YEARS S/O.MUHAMMED, RESIDING AT SHABANA MANZIL, KARAKUNDU ROAD, PADANNAKKAD, KANHANGAD VILLAGE, KASARAGOD DISTRICT.

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2 MUHAMMED FAYIZ, AGED 26 YEARS S/O.K.P.BASHEER, RESIDING AT FAYIZ MANZIL, KARUVALAM, PADANNAKKAD, KANHANGAD VILLAGE, KASARAGOD DISTRICT

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BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENTS/STATE:

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1 THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 PARVATHY A.PILLAI AGED 21 YEARS D/O.ANUP KUMAR.P., RESIDING AT GAYATHRI NIVAS, KALYAN ROAD, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1, SMT.G.SANGEETHA FOR R2

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1904 of 2019

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ALEXANDER THOMAS, J .

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Crl.M.C.No.1904 of 2019

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Dated this the 07^th day of June, 2019

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O R D E R

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Sri.T.Madhu, learned counsel appearing for the petitioners (A-2 & A-3) would submit that the petitioners have been advised to move an appropriate application seeking discharge in this case to be filed before the competent Sessions Court concerned, in case the charges have not so far been framed and if that be so, this Court may direct the said court to consider the said application for discharge, after hearing both sides.

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The said plea of the petitioners is not opposed by the prosecution. Accordingly, it is ordered that the petitioners will be at liberty to file appropriate application seeking discharge in this case before the First Additional Sessions Court, Kasaragod, who is dealing with S.C.No.302/2013, provided the charges have not so far been framed and if that be so, the Sessions Court will consider such application for discharge on merits and will pass appropriate orders thereon, in accordance with law, after hearing the learned Advocate appearing for the petitioners herein and the learned Public Prosecutor, without much delay, preferably within a period of two months

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Crl.M.C.No.1904 of 2019

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from the date of filing of such application.

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With these observations and directions, the above Crl.M.C will stand

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finally disposed of.

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Sd/-

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ALEXANDER THOMAS, Judge.

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vgd/07.06.19

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Crl.M.C.No.1904 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.20/2013 OF HOSDURG POLICE STATION. ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.20/2013 OF HOSDURG POLICE STATION. ANNEXURE A3 THE AFFIDAVIT DATED 1/1/2019 SWORN IN BY THE DEFACTO COMPLAINANT

Ashik.P @ Muhammed Ashik.P v. the State of Kerala

Case brief

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Ashik.P @ Muhammed Ashik.P v. the State of Kerala

Case brief

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