Disposed

Sayyed Ibraheemul Khaleelul Buhari v. the E.S.I. Corporation

Kerala HC16 Aug 2022Crl.MC/2156/2019

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a Criminal Miscellaneous Petition directed against an ESI Act complaint. The Court directed the Chief Judicial Magistrate at Thrissur to consider applications for discharge and dispensation of personal appearance within two months.

What did the court decide?

Directing the Magistrate Court to consider applications for discharge and dispensation of personal appearance within two months.

Sayyed Ibraheemul Khaleelul Buhari Vs the… — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944

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CRL.MC NO. 2156 OF 2019

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CC 247/2017 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR

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PETITIONER/ACCUSED:

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SAYYED IBRAHEEMUL KHALEELUL BUHARI
AGED 54 YEARS, S/O. AHMED IMBICHIKOYA THANGAL,
KIZHAKKE THANGALAKATH HOUSE, KADALUNDI P.O.,
PAZHANJANNUR, KOZHIKODE.

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BY ADVS.
ADV P.S.ABDUL KAREEM
ADV SRI.R.ABDUL AHAD

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RESPONDENTS/COMPLAINANT AND STATE:

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1THE E.S.I. CORPORATION
REPRESENTED BY ITS SOCIAL SECURITY OFFICER,
REGIONAL OFFICE OF THE E.S.I CORPORATION,
THRISSUR - 680 020

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2 M/S. MOLOOR CENTRAL SCHOOL (SENIOR SECONDARY) MOLOOR.P.O., NELLAYA, PALAKKAD - 679 335., REPRESENTED BY ITS MANAGER

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3 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031

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BY ADVS.
SRI.T.V.AJAYAKUMAR
SRI.P.K.MOHAMMED PUZHAKKARA
KUM.P.H.RIMJU
SRI.VIPIN NARAYAN – PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2156 OF 2019

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2

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ORDER

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The petitioner is the 1^st accused in C.C. No.247/2017 on the file of Chief Judicial First Class Magistrate Court, Thrissur. The aforesaid case was taken cognizance on the Annexure A complaint submitted by the 1^st respondent herein alleging violations of provisions of Employees State Insurance Act. According to the 1^st respondent, the accused persons who are the 1^st petitioner and the 2^nd respondent in this Crl.M.C. have failed to pay contributions payable to the 1^st respondent Corporation as contemplated under the provisions of Employees State Insurance Act and thereby committed the offences. The challenge raised in this Crl.M.C. is against Annexure A complaint and all further proceedings thereon.

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Heard Sri.Abdul Kareem P.S., learned counsel appearing for the petitioner, Sri.T.V. Ajayakumar, learned standing counsel appearing for the 1^st respondent, Sri.P.K.Mohammed Puzhakkara, learned counsel appearing for the 2^nd respondent and Sri.Vipin Narayan, learned Public Prosecutor appearing for the State.

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When the Crl.M.C. came up for consideration, the

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CRL.MC NO. 2156 OF 2019

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learned counsel for the petitioner confined his reliefs to a direction to the learned Magistrate to consider and pass appropriate orders on Annexure G and H applications submitted by the petitioner within a time limit. Annexure G is an application submitted by the petitioner seeking discharge whereas Annexure H is an application seeking to dispense with his personal appearance.

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Considering the facts and circumstances of the case, I am inclined to grant the aforesaid prayers. Accordingly, this Crl.M.C.

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is disposed of directing the Chief Judicial Magistrate Court, Thrissur to consider Annexures G and H applications submitted by the petitioner and the 2^nd respondent, and appropriate orders be passed thereon as expeditiously as possible, at any rate, within a period of two months from the date of production of a copy of this order.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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CRL.MC NO. 2156 OF 2019

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APPENDIX OF CRL.MC 2156/2019

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PETITIONER ANNEXURES

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ANNEXURE ATRUE COPY OF THE COMPLAINT DATED
24.11.2017
ANNEXURE BTRUE COPY OF THE PRELIMINARY SURVEY
REPORT OF SOCIAL SECURITY OFFICER OF
THE E.S.I CORPORATION, PALAKKAD.
ANNEXURE CTRUE COPY OF THE VISIT NOTE ISSUED BY
THE SOCIAL SECURITY OFFICER DATED
19.09.2014
ANNEXURE DTRUE COPY OF THE RECEIPT DATED
14.02.2018 ISSUED BY THE E.S.I.
CORPORATION
ANNEXURE ETRUE COPY OF THE ORDER IN PASSED BY
THIS HONORABLE COURT IN CRL.M.C. NO.
2565 OF 2018 DATED 19.06.2018
ANNEXURE FTRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT DATED 23.07.2018
ANNEXURE GTRUE COPY OF THE PETITION IN CRL. M.P
NO. 7968 OF 2018 ON THE FILES OF THE
HONORABLE CHIEF JUDICIAL MAGISTRATE
COURT, THRISSUR DATED 31.12.2018
(WITHOUT ANNEXURES)
ANNEXURE HTRUE COPY OF THE PETITION IN CRL. M.P
NO. 7969 OF 2018 ON THE FILES OF THE
HONORABLE CHIEF JUDICIAL MAGISTRATE
COURT, THRISSUR DATED 31.12.2018
(WITHOUT ANNEXURES)
ANNEXURE ITRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY DR.MOHAMMED ASHIQUE.P.T.,
DATED 13.03.2019
ANNEXURE JTRUE COPY OF THE DAILY CASE STATUES OF
THE C.C.247 OF 2017 ON THE FILES THE
HONORABLE CHIEF JUDICIAL MAGISTRATE,
THRISSUR DATED 16.03.2019

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CRL.MC NO. 2156 OF 2019

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5

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RESPONDENT ANNEXURES

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ANNEXURE R2(a)TRUE COPY OF THE CONFIRMATION LETTER
NO.54000226120001302 ISSUED BY THE
DEPUTY DIRECTOR, E.S.I. CORPORATION
DATED 22.03.2019
ANNEXURE R1TRUE COPY OF THE LETTER
No.MCS/GEN/ESI/07/18-19 DATED
25/10/2018

Sayyed Ibraheemul Khaleelul Buhari v. the E.S.I. Corporation

Case brief

What is this about?

What did the court decide?

Sayyed Ibraheemul Khaleelul Buhari v. the E.S.I. Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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