In this criminal miscellaneous case, the High Court of Kerala dismissed the petition for non-prosecution as the petitioners and their counsel did not appear on the date of hearing. No specific legal provision was cited or applied in this short order.
The Criminal Misc. Case was dismissed for non-prosecution due to absence of petitioners and counsel.
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
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
Crl.MC.No.3806 OF 2013(A)
CRIME NO.450/2013 OF THENHIPALAM POLICE STATION, MALAPPURAM
PETITIONERS:
1 MOIDEEN KOYA, AGED 52 YEARS, S/o MUHAMMED, 10/354, PALLIYALI HOUSE, KODAKKAD PO, MALAPPURAM DISTRICT.
2 ABDUL RASHEED, S/o MUHAMMED, AGED 46 YEARS, 10/354, PALLIYALI HOUSE, KODAKKAD PO, MALAPPURAM DISTRICT.
BY ADV. SRI.E.S.ASHRAF
RESPONDENT/RESPONDENT:
1 THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, THENHIPALAM, MALAPPURAM DISTRICT – 680 539.
3 VIJAYA KUMAR, AGED 52 YEARS, S/o ANDISSERI ARUMUGAN, 5/1091, THENHIPALAM PO, THENHIPALAM, MALAPPURAM, PIN – 680 539.
R3 BY ADVS. SRI.R.BINDU SASTHAMANGALAM SRI.PRASANTH M.P R1 & R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3806 of 2013
2
ORDER
Petitioners and counsel remained absent and there
was no representation. It is a matter of the year 2013. Hence the Crl.M.C. is dismissed for non
prosecution.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.3806 of 2013
3
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE SALE DEED NO.2122 OF 2011 DATED 21-2-2011 EXECUTED BETWEEN JAHFAR AND THE PETITIONERS. ANNEXURE A2 POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE DATED 22-6-2010 TO SRI.JAHFAR ANNEXURE A3 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE THENHIPALAM PANCHAYATH IN FAVOUR OF THE PETITIONERS. ANNEXURE A4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER ANNEXURE A5 TRUE COPY OF THE TAX RECEIPT DATED 12-5-2011 ISSUED TO THE PETITIONERS ANNEXURE A6 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 22-6-2010 ANNEXURE A7 TRUE COPY OF THE PLAINT IN O.S.NO.66/2013 ANNEXURE A8 FIR IN CRIME NO.450/2013 ANNEXURE A9 COMPLAINT SUBMITTED BY 3RD RESPONDENT IN CRIME NO.450/13
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the Criminal Miscellaneous Petition can be dismissed for non-prosecution when the petitioners were absent and did not appear.
MOIDEEN KOYA
ABDUL RASHEED
THE STATE OF KERALA
THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION
VIJAYA KUMAR
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
