Disposed

Abdul Sathar.K.P. v. State of Kerala

Kerala HC1 Dec 2022Crl.MC/3144/2022

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous Case, the High Court of Kerala noted that a Complaint Petition (C.M.P.) filed by the petitioner before a Judicial Magistrate was not being taken up. Upon a court report, the Magistrate acknowledged the C.M.P. was taken up and scheduled for hearing. The Court disposed of the Crl.M.C. by directing the Magistrate to take up and pass orders on the C.M.P. expeditiously.

What did the court decide?

Directed the learned Magistrate to take up and pass appropriate orders on C.M.P. No.1859/2022 as expeditiously as possible.

Abdul Sathar.K.P. Vs State of Kerala — Writ and Judicial Review | 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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THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944

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CRL.MC NO. 3144 OF 2022

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CMP 1859/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA
CRIME NO.957/2018 OF TALIPARAMBA POLICE STATION

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PETITIONER/COMPLAINANT:

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ABDUL SATHAR K.P.
AGED 53 YEARS
S/O.ABDULLA, KOYAKARA PUTHIYAPURAYIL,
AMINA MANZIL, MATTUL NORTH P.O.,
MATTIL NORTH VILLAGE,
KANNUR DISTRICT, PIN – 670325

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BY ADVS.
T.G.RAJENDRAN
T.R.TARIN

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RESPONDENTS/STATE AND ACCUSED:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682031

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2 SUB INSPECTOR OF POLICE TALIPARAMBA POLICE STATION, KANNUR DISTRICT, PIN – 670141

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3ROSE MARY
AGED 65 YEARS
D/O. T J MATHEW AND W/O. KURUVILLA,
MARKET ROAD, NEAR CHOCOLATE FACTORY,
ERNAKULAM, PIN – 682018

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4 SUNNY @ MATHEW FRANCIS @ T.M. MATHEW S/O. T J MATHEW, THUMBASSERI, 10-CHITTETHUKARA PO THRIKKAKARA, KANAYANNUR, ERNAKULAM, PIN – 682037

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CRL.MC NO. 3144 OF 2022

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BY ADV

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ADV. SREEJA V. - Sr. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.12.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

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CRL.MC NO. 3144 OF 2022

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ORDER

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The petitioner is a nonresident Indian doing business in Dubai and he submitted C.M.P. No.1859/2022 before the Judicial First Class Magistrate Court, Taliparamba. Initially, on the basis of a complaint submitted by the petitioner, Taliparamba Police registered Crime No.957/2018 against the 3^rd and 4^th respondent herein alleging offences punishable under Sections 120 B, 420 and 34 of Indian Penal Code. The Police after conducting investigation submitted Annexure 2 refer report. Being aggrieved by the same the petitioner submitted C.M.P. No.1859/2022 before the Judicial First Class Magistrate Court, Taliparamba. The grievance highlighted by the petitioner in this Crl.M.C. is that, the C.M.P. is not being taken up by the learned Magistrate.

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When this Crl.M.C. came up for consideration before this Court on 16.11.2022 a report was called for from the learned Magistrate as to the status of the said C.M.P. In response to the same, a report dated 21.11.2022 has been placed on record wherein it is mentioned that, the C.M.P. was taken up on 02.04.2022 and the same is now posted on 04.02.2023 for the appearance of the

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CRL.MC NO. 3144 OF 2022

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complainant and to record her sworn statement.

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Considering the fact that, the petitioner has been complaining against the accused persons highlighting his grievances from the year 2018 onwards, it is only proper that the complaint submitted by the petitioner be taken up and appropriate orders passed expeditiously.

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Therefore, this Crl.M.C. is disposed of directing the learned Magistrate to take up and pass appropriate orders on C.M.P. No.1859/2022 as expeditiously as possible. It is clarified that, it shall be open for the petitioner herein to submit an application to advance the case for expediting the same, and in the event of the same, the same shall be permitted and the proceedings be expedited.

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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. 3144 OF 2022

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APPENDIX OF CRL.MC 3144/2022

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PETITIONER ANNEXURES

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Annexure1COPY OF THE COMPLAINT IN CRL.MP NO.
5294/2018 FILED BY THE PETITIONER
DATED 31.8.2018
Annexure2COPY OF THE FINAL REPORT NO., 692
DATED 10.9.2018 OF TALIPARAMBA POLICE
STATION
Annexure3COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Annexure4COPY OF THE NOTICE IN FORM NO.32
ISSUED BY THE LEARNED MAGISTRATE DATED
13,12,2021
Annexure5COPY OF THE COMPLAINT IN CMP NO.
1859/2022 DATED 2.4.2022

Abdul Sathar.K.P. v. State of Kerala

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Abdul Sathar.K.P. v. State of Kerala

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