Dismissed
E.M.Nizar v. State of Kerala
Kerala HCCrl.MC/1200/2012
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.MC.No.1200 OF 2012
AGAINST THE ORDER/JUDGMENT IN CC 449/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL
PETITIONER/ACCUSED:
E.M.NIZAR AGED 30 YEARS S/O.MEETHIYAN, ERIPAKKOTTIL HOUSE, CHENGAMANAD P.O., ALUVA.
BY ADV. SRI.L.RAJESH NARAYAN
RESPONDENT/RESPONDENT:
STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1200 OF 2012 2
ORDER
Petitioner and counsel remained absent. There was no representation, even though the matter is of the year 2012. Now almost nine years elapsed. This would show what is behind it. The process of this court has been misused for a long period of more than 8 years. Today the learned counsel for the petitioner remained absent presumably on the reason that there is no reason for exhausting inherent power under Section 482 Cr.P.C. Crl.M.C. is dismissed for non prosecution.
Sd/P.SOMARAJAN JUDGE
msp
Crl.MC.No.1200 OF 2012 3
APPENDIX
PETITIONER'S/S EXHIBITS: ANNEXURE I CERTIFIED COPY OF FIR DATED 15.09.2010 ANNEXURE II TRUE COPY OF THE AGREEMENT DATED 15.08.2008 ANNEXURE III CERTIFIED COPY OF FINAL REPORT DATED 28.05.11
//TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the inherent power under Section 482 Cr.P.C. applies when the only reason for dismissal is the non-appearance of counsel after a long delay.
1 provisions across 1 enactments
E.M.NIZAR
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
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