High Court of Kerala held a Criminal Miscellaneous Case and Revision Petition pending before it. Counsel submitted the trial had commenced and requested dismissal. Court dismissed both petitions as not pressed.
Both Crl.M.C. No. 2893 of 2019 and Crl.R.P. No. 478 of 2019 were dismissed as not pressed by the petitioner.
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 ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941
CRL.MC.NO.2893 OF 2019(B)
SC 420/2017 OF SPECIAL COURT FOR TRIAL OF OFFENCES UNDER POCSO ACT & CHILDRENS COURT (ADDITIONAL SESSIONS COURT-I), KALPETTA, WAYANAD
CRIME NO.222/2017 OF VELLAMUNDA POLICE STATION , WAYANAD
PETITIONER/ACCUSED:
USMAN E.K @ USMAN DARIMI, AGED 55 YEARS, S/O. MOIDEEN, ANNAKUDIYAN VEEDU, KOROME, THONDERNADU P.O., MANANTHAVADY, WYNAD - 670 731
BY ADVS. SRI.T.G.RAJENDRAN SRI.T.R.TARIN
RESPONDENTS/COMPLAINANT/CW 1, 4 AND 3 & STATE:
VELLAMUNDA POLICE STATION, WYNAD - 670 731
3 ABDUL AZEEZ, AGED 49 YEARS, S/O. MOIDU HAJI, ARANGADAN HOUSE, MARACHUVADU, MAKKIYAD, THONDERNADU AMSOM, VELLAMUNDA, WAYANAD - 670 731.
4 SUBAIDA, AGED 38 YEARS, W/O.ABDUL AZEEZ, ARANGADAN HOUSE, MARACHUVADU, MAKKIYAD, THONDERNADU AMSOM, VELLAMUNDA, WAYANAD - 670 731
5 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1 & R5 ADV. SRI.K.P.ANIL KUMAR FOR R2 TO R4
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH CRL.REV.PET.NO.478/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941
CRL.REV.PET.NO.478 OF 2019
SC 420/2017 OF SPECIAL COURT FOR TRIAL OF OFFENCES UNDER POCSO ACT & CHILDRENS COURT (ADDITIONAL SESSIONS COURT-I), KALPETTA, WAYANAD
CRIME NO.222/2017 OF VELLAMUNDA POLICE STATION, WAYANAD
REVISION PETITIONER/ACCUSED:
USMAN.E.K. @ USMAN DARIMI, AGED 55 YEARS, S/O. MOIDEEN, ANNAKUDIYAN VEEDU, KOROME, THONDERNADU P.O, MANANTHAVADY, WYNAD-670 731
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS/COMPLAINANT/CW 1, 4 AND 3 & STATE:
3 ABDUL AZEEZ
S/O. MOIDU HAJI, AGED 49 YEARS, ARANGADAN HOUSE, MARACHUVADU, MAKKIYAD, THONDERNADU AMSOM, VELLAMUNDA, WAYANAD-670 731
4 SUBAIDA
W/O. ABDUL AZEEZ, AGED 38 YEARS, ARANGADAN HOUSE, MARACHUVADU, MAKKIYAD, THONDERNADU AMSOM, VELLAMUNDA, WAYANAD-670 731
5 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1 & R5 ADV. SRI.CIBI THOMAS FOR R2 TO R4
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09.08.2019, ALONG WITH CRL.MC.NO.2893/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C. No. 2893 of 2019 &
Crl.R.P. No. 478 of 2019
Dated this the 9th day of August, 2019
O R D E R
Sri.T.G.Rajendran, learned counsel appearing for the
petitioner in the above Crl.M.C. and Crl.R.P. would submit on the basis of instructions of his party that the above cases are not being pressed by the petitioner as the trial has already commenced. All contentions raised by the petitioner are left open to be in other appropriate proceedings in the manner known to law.
Recording the abovesaid submission made on behalf of the petitioner, the above Crl.M.C. and Crl.R.P. will stand dismissed as not pressed.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
Crl.M.C. No. 2893 of 2019 & Crl.R.P. No. 478 of 2019
-3-
APPENDIX OF CRL.MC.NO. 2893/2019
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF THE FINAL REPORT
ANNEXURE II TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT
ANNEXURE III TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT
APPENDIX OF CRL.REV.PET.NO. 478/2019
PETITIONER'S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE ORDER IN CRL. M.P. NO. 297/2019 OF SESSIONS COURT, KALPETTA.
ANNEXURE II CERTIFIED COPY OF THE CHARGE.
ANNEXURE III COPY OF THE ORDER IN CRL.M.C 6342/17 OF THIS HON'BLE COURT.
ANNEXURE IV CERTIFIED COPY OF THE FINAL REPORT IN CR.222/2017 OF VELLAMUNDA POLICE STATION.
ANNEXURE V TRUE COPY OF THE AFFIDAVIT OF THE RESPONDENTS 3.
ANNEXURE VI TRUE COPY OF THE AFFIDAVIT OF THE RESPONDENTS 4.
USMAN E.K
STATE OF KERALA
ABDUL AZEEZ
SUBAIDA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
