The court dismissed the criminal miscellaneous petition without prejudice, allowing the petitioner to agitate remedies later, noting his advanced age and ailments.
Criminal miscellaneous case dismissed without prejudice to the right of parties to agitate remedies and take up defences at various stages.
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 P.SOMARAJAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
Crl.MC.No.2232 OF 2014(G)
IN CC 268/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY CRIME NO.449/2013 OF KOLAVALLUR POLICE STATION, KANNUR
PETITIONER/ACCUSED:
EBRAHIM HAJI, AGED 75 YEARS, S/o MAMMED HAJI, BUSINESS, RESIDING AT 'SALEENA NIVAS, P.O. KADAVATHUR, THALASSERY TALUK.
BY ADVS.SRI.GRASHIOUS KURIAKOSE (SR.) SRI.GEORGE MATHEWS
RESPONDENT/COMPLAINANT:
STATE OF KERALA, SUB INSPECTOR OF POLICE, KULAVBALLUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADDL.R2 IMPLEADED
R2 P.P. AMMAD, S/o ABDU, AGED 57, KUNNUMMAKKANDY HOUSE, THRIPPANGOTTOOR AMSOM, KADAVATHUR P.O., THALASSERY (VIA), KANNUR DISTRICT.
(ADDL.R2 IMPLEADED AS PER ORDER DATED 26.5.14 IN Crl.M.A. 4891/14)
R2 BY ADVS. SMT.K.DEEPA PAYYANUR SRI.V.R.NASAR R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2232 of 2014
2
ORDER
The accused came up to quash the final report submitted alleging the offence under Sections 3, 13 and 17 of the Money Lenders Act. Final report submitted reveals seizure of certain documents pertaining to the transactions including four signed blank stamp papers, signed blank cheques and a signed cheque book belonged to CW7 and another signed cheque book belonged to some other person. It is submitted that the petitioner is aged 81 years and suffering from various ailments. Hence his presence shall not be insisted until it becomes necessary to proceed further in the matter. Crl.M.C. hence dismissed without prejudice to the right of party to agitate all remedies and to take up the defences at the various stages of the proceedings.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.2232 of 2014
3
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE FIR NO. 449/13 DATED 23-6-2013 OF KULAVALLUR POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE CHARGE SHEET DATED 8-1-2014 IN C.C. NO. 268/14 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether an accused aged 81 years with various ailments should be present for the final report submission.
1 provisions across 1 enactments
Ebrahim Haji
State of Kerala
P.P. Ammad
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
