The court dismissed a criminal miscellaneous case for non-prosecution. The petitioners were absent, and proceedings in the trial court had stalled for over five years. The petitioner was ordered to pay a deposit to KELSA.
Petitioner liable to pay Rs. 5,000 to KELSA within two weeks.
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 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
Crl.MC.No.905 OF 2015(G)
AGAINST THE ORDER IN SC 1013/2012 OF ADDITIONAL SESSIONS COURT, KOZHIKODE
PETITIONER (ACCUSED No.5 & 6):
1 ABDHU RAHIMAN @ KUNJAPPU MASTER, AGED 50 YEARS, S/o ABDUL KAREEM, RESIDING AT ADIYATTIL HOUSE, ANANTHAVOOR P.O., THIRUNAVAYA, MALAPPURAM DISTRICT - 676 001.
2 SAIDHALIKUTTY @ MONU, AGED 48 YEARS, S/o MARAYKKAR KALLINGAL, KALLINGAL HOUSE, CHANGUVETTE, MALAPPURAM DISTRICT.
BY ADVS.SHRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR
RESPONDENT:
1 STATE OF KERALA, REPRESENTED BY PBLIC PROSECUTOR, HIGH COURT OF KERALA
ADDL.R2 IMPLEADED ADDL. MOIDEEN KOYA, AGED 66 YEARS, R2 S/o BEERAN KUTTY, EDATHIL HOUSE, FLORIKKAN HILL ROAD, KARIKKUMKULAM, KOZHIKODE-673020
(IMPLEADED AS PER ORDER DATED 5.12.2016 IN Crl.M.A.No.12660/2016) R2 BY ADVS. SRI.E.C.AHAMED FAZIL SRI.K.M.FIROZ SMT.M.SHAJNA SMT.UMMUL FIDA R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.905 of 2015 2
ORDER
It is a Crl.M.C. of the year 2015. More than five
years elapsed. By obtaining stay the further proceedings in the trial court was stalled for a long period of more than five years. When the matter was taken up for hearing today, the counsel and the party remained absent. One Adv. Prasanth appeared on behalf of the counsel and submitted that the counsel had relinquished his engagement. On enquiry with the
office, it is learnt that no memo so far submitted to that effect. Nobody else represented the matter. This would show what is behind it. The entire proceedings before the trial court was stalled for a long period of more than five years. Hence, the petitioner shall pay an amount of Rs.5,000/- (Rupees five thousand only) to KELSA within two weeks from today, failing which, the KELSA shall recover the same from the petitioner. Crl.M.C. is dismissed for non-prosecution.
Send a copy of this order to KELSA.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.905 of 2015
3
APPENDIX OF Crl.MC 905/2015
PETITIONERS' ANNEXURES:
ANNEXURE A A TRUE COPY OF THE FIRST INFORMATION REPORT ANNEXURE B A TRUE COPY OF THE FIRST INFORMATION STATEMENT ANNEXURE C A TRUE COPY OF THE CHARGE SUBMITTED BY THE POLICE ANNEXURE D THE CERTIFIED COPY OF THE CHARGE FRAMED BY THE COURT BELOW ON 17/12/2014.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether to dismiss the criminal miscellaneous case for non-prosecution after prolonged inactivity.
ABDHU RAHIMAN @ KUNJAPPU MASTER AND SAIDHALIKUTTY @ MONU
STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
