Dismissed

Saidalavi v. Hamsa Haji

Kerala HC3 Nov 2020OP(Crl.)/3288/2013

Case brief

AI extract

What is this about?

High Court dismissed an application challenging the dismissal of a Section 258 Cr.P.C. application. The petitioner sought to quash proceedings based on a third-party affidavit. The Court held that such affidavits are not sufficient for invocation of Section 258 Cr.P.C. but directed expedition of trial.

What did the court decide?

Application dismissed; direction to trial court to expedite disposal.

Saidalavi Vs Hamsa Haji — Cheating and Forgery | Kerala HC (2020)

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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 P.SOMARAJAN

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TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942

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OP(Crl.).No.3288 OF 2013(Q)

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AGAINST THE ORDER/JUDGMENT IN ST 1746/2010 DATED 15-05-2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD

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PETITIONER:

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SAIDALAVI

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S/O.LATE ONGALLUR MOHAMMED, ONGALLUR HOUSE,THIRUVIZHAMKUNNU P.O., PALAKKAD (DT)

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BY ADVS.

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SRI.S.SACHITHANANDA PAI SMT.K.S.JEENA REETHA

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RESPONDENTS:

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1 P. HAMSA HAJI S/O.MOHAMMED, PERUMANNIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD (DT).

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2 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031

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R1 BY ADV. SRI.ESM.KABEER

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PUBLIC PROSECUTOR.SRI.RAMESH CHAND

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(Crl.).No.3288 OF 2013(Q) 2

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JUDGMENT

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The dismissal of an application, Ext.P5,

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under Section 258 Cr.P.C. is under challenge. The dispute is pertaining to publication of defamatory statement by the Convenor of a Mahal Samrakshana

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Committee and registration of crime for the offence under Section 500 IPC. A third person came

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up with an affidavit claiming that he is the Convenor of Mahal Samrakshana Committee and that it is by him the publication was made, based on which an application was submitted under Section 258 Cr.P.C. by the accused.

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summons case is to stop further proceedings by

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recording sufficient reasons. It cannot be used in

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a casual manner, but can be exercised when there is warranting reason to stop further proceedings such

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as gross delay and bar of limitation etc. Mere submission of affidavit by a third person may not

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OP(Crl.).No.3288 OF 2013(Q) 3

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be a sufficient ground to invoke Section 258

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Cr.P.C. hence requires no interference. But there will be a direction to the trial court to expedite the disposal.

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O.P.(Crl) is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

OP(Crl.).No.3288 OF 2013(Q) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 COPY OF THE OF JFCM COUR	COMPLAINT IN ST 1746/2010 T, MANNARKKAD
EXHIBIT	P2 COPY OF THE FILED BY MOH JFCM COURT,	AFFIDAVIT DATED 16.9.2011 AMMADALI IN ST 1746/10 OF MANNARKKAD.
EXHIBIT	P3 COPY OF THE FILED BY THE	PETITION DATED 17.9.11 PETITIONER
EXHIBIT	P4 COPY OF THE 3601/2011	JUDGEMENT IN OP(CRL)
EXHIBIT	P5 COPY OF THE CMP 3832A/20 MANNARKKAD.	ORDER DATED 15.5.2013 IN 12 OF JFCM COURT,

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RESPONDENTS EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Saidalavi v. Hamsa Haji

Case brief

What is this about?

What did the court decide?

Saidalavi v. Hamsa Haji

Case brief

What is this about?

What did the court decide?

What the court decided

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