The Kerala High Court dismissed Criminal Misc. Case No. 411 of 2014 (G) filed by Petitioners 2 & 3 against CC 1481/2013. The petitioners were absent, and no counsel appeared. The Court dismissed the petition for non-prosecution due to inaction for the year 2014.
Crl.M.C. No. 411 of 2014(G) dismissed for non-prosecution.
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 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
Crl.MC.No.411 OF 2014(G)
AGAINST THE ORDER/JUDGMENT IN CC 1481/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
PETITIONERS/ACCUSED 2 AND 3:
1 P. ABDULLA KOYA, AGED 76 YEARS, S/O.MOHAMMED KOYA, "ZUHRAS", PUTHUKALAVATTOM, ELAMAKKARA, KOCHI-26.
2 P.M.ZUHARA BEEVI ALIAS SUHRABI AGED 75 YEARS SUHARAS, ELAMAKARA, PUTHUKALAVATTOM, EDAPALLY NORTH, KOCHI.
BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.
3 P.B.ZEENATH AGED 35 YEARS D/O.KUNJAHAMMED, THAYAVALAPPIL, P.B.K.HOUSE, KARUVANTHURUTHY, FEROKE, KOZHIKODE-673 001.
R1&R2 BY ADV. SRI. E.C. BINEESH, PUBLIC PROSECUTOR. R3 BY ADV. SRI.ANILA.K R3 BY ADV. SRI.MANJERI SUNDERRAJ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.411 OF 2014(G)
2
ORDER
The petitioners and the counsel remained
absent. There was no representation. It is a matter of the year 2014. Hence, the Crl.M.C. is dismissed for non-prosecution.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.411 OF 2014(G)
3
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE P1 ANNEXURE A1- A TRUE COPY OF THE PROTEST COMPLAINT IN C.C.NO.1481 01 2013 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE PREFERRED BY THE 3RD RESPONDENT.
ANNEXURE P2 ANNEXURE A2- A TRUE COPY OF THE CHARGE SHEET SUBMITTED BY THE POLICE IN CC NO.1446/2012 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.
ANNEXURE P3 ANNEXURE A3- TRUE COPY OF THE SUMMONS ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE IN FAVOUR OF THE 2ND PETITIONER HEREIN IN CC NO.1481 OF 2013.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether a criminal miscellaneous petition should be dismissed for non-prosecution when the petitioners remained absent without representation on the day of hearing.
P. ABDULLA KOYA
P.M.ZUHARA BEEVI
THE STATE OF KERALA
P.B.ZEENATH
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
