In Crl.MC.No.3004 of 2015, the High Court of Kerala at Ernakulam dismissed a criminal misc. case for non-prosecution as the counsel for the petitioners remained absent and the matter had previously been dismissed for default.
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
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
Crl.MC.No.3004 OF 2015
CRIME NO.1030/2014 OF Nallalam Police Station , Kozhikode
PETITIONERS/ACCUSED 1 TO 3:
1 SHAHUL HAMEED AGED 40 YEARS S/O.NOORUDHIN, MATTUMMAL PARAMBU, MUTHIRAPARAMBATH, VAIDYARANGADI, RAMANATTUKARA, KOZHIKODE-673633.
BY ADV. SRI.C.K.SREEJITH
RESPONDENTS/STATE, COMPLAINANT & NO PARTY:
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE SUB INSPECTOR OF POLICE NALLALAM POLICE STATION, KOZHIKODE-673019. 3 THE ASSISTANT CITY POLICE COMMISSIONER SOUTH KOZHIKODE-673001.
4 BHASKARAN S/O KANARAN,AGED ABOUT 46,KODAKAT HOUSE,ELATTIL VATTOLI P.O.,KOZHIKODE AMSOM,KODUVALLY,KOZHIKODE 673572 (IS IMPLEADED AS 4TH RESPONDENT AS PER ORDER DATED 02.06.2015, IN CRL.MA. 5148/15 IN CRL.M.C.3004/15) R1 BY ADV. SRI.K.I.ABDUL RASHEED,ADDL.PUBLIC PROSECUTOR R1 BY ADV. SRI.K.I.ABDUL RASHEEDADDL.PUBLIC PROSECUTOR R1 BY ADV. SMT.REKHA ARAVIND R1 BY ADV. SRI.SANTHARAM.P P.P.SMT.M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3004 OF 2015
2
ORDER
It is the case of the year 2015. Adv. Smt.
Sheeja appeared on behalf of the counsel for the petitioners. The counsel for the petitioners remained absent. Earlier it was dismissed for default. It was restored and again came up for hearing. This would show what is behind it. Hence
the Crl.M.C. is dismissed for non-prosecution.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.3004 OF 2015
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | P1 ANNEXURE-I: TRUE COPIES OF THE APPLICATION FORM DATED 7.1.2014 WITH CONSENT LETTER AND RECEIPT OF PAYMENT OF REGISTRATION FEE. |
|---|---|
| ANNEXURE | P2 ANNEXURE-II: TRUE COPY OF THE ACCOUNTS STATEMENT OF LOAN TRANSACTION OF THE DE FACTO COMPLAINANT. |
| ANNEXURE | P3 ANNEXURE-III: TRUE COPY OF THE COMPLAINT DATED 2.10.2013 LODGED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. |
| ANNEXURE | P4 ANNEXURE-IV: TRUE COPY OF THE FINAL REPORT DATED 4.3.2015 IN CRIME NO.1031 OF THE 2ND RESPONDENT. |
| ANNEXURE | P5 ANNEXURE-V: TRUE COPY OF THE F.I.R. DATED 10.12.2014(CRIME NO.1030/14) OF THE 2ND RESPONDENT WITH COMPLAINT DATED 2.10.2014 OF THE DE FACTO COMPLAINANT. |
| ANNEXURE | P6 ANNEXURE-VI: TRUE COPY OF THE FINAL REPORT DATED 9.3.2015 WITH STATEMENT OF WITNESSES. |
| ANNEXURE | P7 ANNEXURE-VII: TRUE COPY OF THE REPRESENTATION DATED 21.2.2014 SUBMITTED BY THE PETITIONERS TO THE CO-OPERATIVE SOCIETY. |
| ANNEXURE | P8 ANNEXURE-VIII: TRUE COPY OF THE REPRESENTATION DATED 3.5.2015 SUBMITTED BY THE PETITIONERS TO THE CO-OPERATIVE SOCIETY. |
| ANNEXURE | P9 ANNEXURE-IX: TRUE COPY OF THE COMMUNICATION DATED 28.2.2014 ISSUED BY THE CO-OPERATIVE SOCIETY TO THE DE FACTO COMPLAINANT. |
| ANNEXURE | P10 ANNEXURE-X: TRUE COPY OF NEWS ITEM APPEARED IN MALABAR EXPRESS DAILY DATED 3.5.2014. |
| ANNEXURE | P11 ANNEXURE-XI: TRUE COPY OF THE COMPLAINT |
Crl.MC.No.3004 OF 2015
4
DATED 17.1.2015 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT WITH ITS RECEIPT DATED 19.1.2015.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
SHAHUL HAMEED
SHAHITHA
MOHANAN.T
THE STATE OF KERALA
BHASKARAN
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
