Disposed

T.K.Noufel v. the State of Kerala

Kerala HC13 Jul 2022Crl.MC/566/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of Crl.M.C. No. 566 of 2020 by directing the Judicial First Class Magistrate, Mattannur, to expedite the trial of C.C. No. 1459/2011 within six months, accepting the Magistrate's six-month timeline. Petitioners' arguments for quashing were left open.

What did the court decide?

Directing the Judicial First Class Magistrate, Mattannur, to expedite the trial and complete proceedings in C.C. No. 1459/2011 within six months.

T.K.Noufel Vs the State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944

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CRL.MC NO. 566 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CC 1459/2011 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS ,MATTANNUR

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PETITIONER/ACCUSED:

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1 T.K.NOUFEL AGED 40 YEARS S/O.USMAN, NOORMAHAL, MUZHAPPILANGAD P.O., EDAKKAD, KANNUR DIST., PIN-670662.

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2 K.MUSTAFFA, AGED 60 YEARS S/O.MOIDEENKUNJU, KOCHI WARD, KANNUR CITY P.O., PIN-670003.

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BY ADVS. LOHITHAKSHAN CHATHADI KANNOTH P.BIJIMON JACOB SAMUEL

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RESPONDENT/STATE AND COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 N.P.K.ABDUL JABBAR, AGED 56 YEARS S/O.KUNJALIKUTTY MASTER, SULEKHA MANZIL, MATTANNUR P.O., KANNUR DISTRICT, PIN-670702.

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Adv Nima Jacob-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.566 of 2020

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ORDER

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This Crl.M.C is filed by the petitioners who are the accused Nos. 1 and 2 in C.C 1459/2011 pending before the Judicial First Class Magistrate Court, Mattannur. The prayer sought for by the petitioners is to quash the proceedings against them pursuant to Annexure-III final report submitted in this case.

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When the Crl.M.C came up for consideration, on 29.06.2022, the learned counsel for the petitioner confined h is relief for an expeditious disposal of the case. Accordingly, a report was called for from the learned Magistrate as to the time required for completion of the said case. In response to the same, report dated 12.07.2021 is placed on record wherein, learned Magistrate sought for six months time for completing the proceedings.

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On perusal of the records, I find the period sought for by the learned Magistrate is reasonable. In such circumstances, this Crl.M.C is disposed of directing the Judicial First Class Magistrate

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Crl.M.C No.566 of 2020

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court, Mattannur to expedite the trial and completing the proceedings in C.C No. 1459/2011 within a period of six months from the date of production of copy of this judgment. All the contentions of the petitioners are left open.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

rpk

Crl.M.C No.566 of 2020

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APPENDIX OF CRL.MC 566/2020

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PETITIONER ANNEXURES

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ANNEXURE I THE COPY OF THE COMPLAINT DATED 27.05.2011 FILED BY THE DEFACTO COMPLAINANT BEFORE THE JFMC, MATTANNUR. ANNEXURE II THE COPY OF FIR DATED 28.05.2011 REGISTERED BY MATTANNUR POLICE IMPLICATING THE PETITIONERS AS ACCUSED IN CRIME NO.438/2011. ANNEXURE III THE COPY OF THE FINAL REPORT FILED BY POLICE IN CC NO.1459/2011 ON THE FILE OF JFMC, MATTANNUR. ANNEXURE VI THE COPY OF THE AGREEMENT EXECUTED BETWEEN THE BROTHER-IN-LAW OF THE 1ST PETITIONER AND DEFACTO COMPLAINANT DATED 19.12.2006.

T.K.Noufel v. the State of Kerala

Case brief

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T.K.Noufel v. the State of Kerala

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