The Court dismissed a Criminal Miscellaneous Petition filed by accused persons as non-prosecution. The petitioners submitted that the prosecution had relinquished its engagement to the case dating back to 2016.
The Criminal Miscellaneous Petition is dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
Crl.MC.No.6767 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 1088/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI
AGAINST THE ORDER/JUDGMENT IN B.A.No.5861/2014 OF HIGH COURT OF KERALA
CRIME NO.489/2014 OF Harbour Police Station , Ernakulam
PETITIONERS/ACCUSED 1 AND 2:
1 SHAJAHAN
SHAJAHAN AND COMPANY,P M HOUSE,MADIAN,MANIKOTH POST,KASARAGODE DISTRICT.
2 M.MUHAMMAD HAYATH TRADING COMPANY,47/11,AJNOOR DARUL HAYATH,CHAMUNDIKUNNU,CHITHARI POST,KANJANGAD,KASARAGOD DISTRICT.
BY ADVS. SRI.VINOD VALLIKAPPAN SRI.R.ANUP
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-31.
2 SHIHABUDHIN S/O.ABDUL MAJEED,MANAGING PARTNER,STAR SHIPPING COMPANY,D L B BUILDING,WILINGDON ISLAND,KOCHI-680003.
R1 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.MADHU RADHAKRISHNAN R2 BY ADV. SRI.P.RADHAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6767 OF 2016
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ORDER
The learned counsel for the petitioners fairly submitted that there is no instruction from the concerned party and he had relinquished his engagement. Nobody else represented the matter. It is the matter of the year 2016. Hence, the Crl.M.C. is dismissed for non-prosecution.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.6767 OF 2016
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE,KOCHI UNDER SECTION 190(1)(A)AND 200 OF THE CRPC
ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE IN CC 1088/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE,KOCHI
ANNEXURE A3 THE TRUE COPY OF THE BAIL ORDER IN BA 5861 OF 2014 OF THE HONOURABLE HIGH COURT.
RESPODNENTS/ EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the Criminal Miscellaneous Petition should be allowed despite the lapse of over four years.
2 provisions across 1 enactments
Shajahan
M. Muhammad Hayath Trading Company
State of Kerala
Shihabuddin
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
