Disposed

Aboobacker Koothradan v. Sandeep

Kerala HC8 Dec 2022Crl.MC/655/2017

Case brief

AI extract

What is this about?

The High Court held that the contentions regarding the prosecution's case are factual matters for trial and did not invoke powers under Section 482 Cr.P.C. Consequently, the Criminal Misc. Case was disposed of with a direction to the Magistrate to complete the trial within ten months.

What did the court decide?

The Criminal Misc. Case is disposed of directing the Judicial First Class Magistrate's Court, Malappuram to dispose of CC No.2066/2015 within ten months.

Aboobacker Koothradan Vs Sandeep — 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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THURSDAY,THE 8^TH DAY OF DECEMBER 2022/17TH AGRAHAYANA, 1944

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CRL.MC NO. 655 OF 2017

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AGAINST THE ORDER/JUDGMENTCC 2066/2015 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS ,MALAPPURAM

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PETITIONER/S:

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ABOOBACKER KOOTHRADAN AGED 57 YEARS AGED 57 YEARS, S/O MOIDEENKUTTY, KOOTHRADAN HOUSE, KALAMBADI,MALAPPURAM DISTRICT.

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BY ADVS.

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SRI.C.A.NAVAS SRI.T.K.SASIKUMAR

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RESPONDENT/S:

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1 SANDEEP AGED 35 YEARS, S/O. P.P.VASUNNI,MANAKKAT HOUSE, VATTALLOOR, MAKKARAPARAMBU,MALAPPURAM.

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2 STATE OF KERALA RESPRESNTED BY THE GOVERNMENT PLEADER,HIGH COURT OF KERALA ERNAKULAM.

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BY ADV SRI.SHARAN SHAHIER

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ADV. M. P. PRASHANT- PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.655/2017

: 2 :

ORDER

Dated this the 8^th day of December, 2022

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The petitioner is the accused in crime No.1568/2015 of Malappuram Police Station, which is now pending as C.C. No.2066/2015 on the files of the Judicial First Class Magistrate's Court, Malappuram. The offences alleged against the petitioner are under Sections 341, 323 and 427 of the Indian Penal Code.

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However, after considering the contentions put forward by the learned counsel for the petitioner, I am of the view that, the same are questions of facts which are to be taken into consideration at the time of trial. Therefore, I do not find this as a fit case in which the powers of this Court under Section 482 Cr.P.C. can be invoked, as the contentions raised are beyond the scope of the same.

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In such circumstances, I am not inclined to entertain this Crl.M.C. Therefore, the only prayer that can be granted is to expedite the trial of the case. Considering the fact the case is of

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Crl.M.C.No.655/2017

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: 3 :

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the year 2015. Last time, when the matter came up for consideration, a report was called for from the learned Magistrate as to the status of the said case and the time required for completing the same. In response to this, a report dated 26.08.2022 has been placed on record, wherein it is mentioned that, the trial of the same can be completed, as against the petitioner, within a period of ten months time.

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In such circumstances, this Crl.M.C. is disposed of directing the Judicial First Class Magistrate's Court, Malappuram to dispose of C.C. No.2066/2015 within a period of ten months from the date of production of a copy of this order.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.655/2017

: 4 :

APPENDIX OF CRL.MC 655/2017

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PETITIONER ANNEXURES

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ANNEXURE A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1568/2015 OF MALAPPURAM POLICE. ANNEXURE A2 THE WOUND CERTIFICATE DATED 20.09.2015 OF THE PETITIONER. ANNEXURE A3 THE CERTIFIED COPY OF FINAL REPORT ALONG WITH LIST OF WITNESS, 161 STATEMENTS, SEIZURE MAHSAR & SCENE MAHSAR IN CRIME NO. 1568/2015 OF MALAPPURAM POLICE IN C.C NO. 2066/2015 OF ON THE FILE OF THE JUDICIAL FIRST CLASS, MAGISTRATE COURT, MALAPPURAM. ANNEXURE A4 THE TRUE COPY OF THE LAWYER NOTICE DATED 06.02.2016. ANNEXURE A5 THE TRUE COPY OF THE REPLY NOTICE DATED 18.03.2016. ANNEXURE A6 THE TRUE COPY OF THE ORIGINAL SUIT OS NO. 181/2016 FILED BY THE PETITIONER BEFORE THE MUNSIFFS COURT MANJERRY. ANNEXURE A7 THE TRUE COPY OF THE LETTER NO.D2/32973/2015 DATED 27.11.2015.

Aboobacker Koothradan v. Sandeep

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Aboobacker Koothradan v. Sandeep

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