Dismissed

Asmabi v. State of Kerala

Kerala HC25 Jun 2019Crl.Rev.Pet/1421/2016

Case brief

AI extract

What is this about?

The Kerala High Court revisited the dismissal of a discharge petition. Finding no illegality or material irregularity in the lower court's conclusion that the charge was not groundless, the revision petition was dismissed, though the petitioner was given liberty to file an application for permanent exemption under Raju T.P.

What did the court decide?

Petition dismissed; liberty to file application for permanent exemption as per Raju T.P.

Asmabi Vs 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 25TH DAY OF JUNE 2019 / 4TH ASHADHA, 1941

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Crl.Rev.Pet.No.1421 of 2016

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AGAINST THE ORDER DATED 6.9.2016 IN C.M.P.NO.3570/2014 IN CC NO.406/2011 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, PERINTHALMANNA

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CRIME NO.7/2011 OF WANDOOR POLICE STATION, MALAPPURAM

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REVISION PETITIONER/PETITIONER/2ND ACCUSED:

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ASMABI,

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W/O. MOHAMMED KUTTY T.K., 'HANSAM', VANIYAMBALAM P.O., WANDOOR, MALAPPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENTS/RESPONDENT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY S.H.O., WANDOOR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 C.R.GEORGE, S/O. JOHN, CHENKAVILAVEETTIL HOUSE, V/660, ANAND NAGAR, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM-43.

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BY ADV. SRI.R.RANJITH (MANJERI)

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OTHER PRESENT:

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R1 BY SENIOR PUBLIC PROSECUTOR SRI. M. S. BREEZ

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.R.P. No.1421/2016

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ORDER

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This petition under Section 397 r/w. 401 of the Cr.P.C. has been filed challenging the order dated 6.9.2016 in C.M.P. No.3570 of 2014 in C.C. No.406 of 2011 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna, by which the petition filed by the petitioner seeking discharge was dismissed by the learned Magistrate.

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Heard the learned counsel appearing for the revision petitioner, the learned counsel appearing for the 2^nd respondent and the learned Senior Public Prosecutor.

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Having gone through the materials, it appears that the learned Magistrate has looked into all the relevant aspects and had concluded that the contention of the petitioner that the charge against her is groundless cannot be sustained. The Court below does not appear to have committed any illegality or material irregularity or impropriety in arriving at such a conclusion. It is by now settled that if the impugned order apparently is presentable, without any such infirmity which may render it completely perverse or unacceptable and

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when there is no failure of justice, interference cannot be had in exercise of revisional jurisdiction. I am afraid that the petitioner has

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Crl.R.P. No.1421/2016

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not been able to satisfy that any of the eventualities have arisen in the instant case warranting interference.

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The learned counsel appearing for the petitioner, at this stage, requested that necessary directions be given to the court below to consider his application for permanent exemption. The petitioner will be at liberty to file an application in tune with the directions issued by this Court in Raju T.P. v. State of Kerala [2009 (3) KHC 14]. If any such application is filed, the learned Magistrate shall consider the same and pass appropriate orders on its merits.

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The petition will stand dismissed, however, with the above observations.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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KRJ

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//TRUE COPY// P.A. TO JUDGE

Asmabi v. State of Kerala

Case brief

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Asmabi v. State of Kerala

Case brief

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