Disposed

C N Sameer v. State of Kerala

Kerala HC3 Feb 2022Crl.MC/737/2022

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala directed the Judicial First Class Magistrate at Thripunithura to consider and dispose of the accused's application under Section 311 CrPC within fifteen days, emphasizing that such applications must be dealt with promptly.

What did the court decide?

Direction to the Magistrate to consider C.M.P. No. 323/2021 and pass orders within fifteen days.

C N Sameer Vs State of Kerala — 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 K.HARIPAL

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THURSDAY, THE 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943

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CRL.MC NO. 737 OF 2022

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CRIME NO. 570/2014 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM

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PETITIONER:

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C N SAMEER AGED 60 YEARS KIZHAKKECHEMMATTUVELI HOUSE MUTHIRAPARAMBU BHAGAM NADAKKAVU PO UDAYAMPEROOR ERNAKULAM, PIN – 682307

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BY ADV. K.A.SALIL NARAYANAN

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RESPONDENT:

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STATE OF KERALA PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM ERNAKULAM, PIN - 682031

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BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.737 OF 2022 2

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ORDER

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Petitioner is the accused in C.C. No. 1558/2015 on the file of the Judicial First Class Magistrate's Court, Thripunithura where he faces offences under Sections 447, 509, 506(i), 294(b) and 323 of the Indian Penal Code and Section 119(a) of the Kerala Police Act. According to him, there are civil disputes between himself and the defacto complainant, that a suit as O.S. No. 1074/2008 is pending before the Munsiff's Court, Ernakulam. At the time when the defacto complainant was examined as PW1, as the counsel for the accused was not present, the junior counsel who represented him though had put certain questions in cross examination, wanted the senior counsel to conclude the examination.

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Later, the petitioner moved an application under Section 311 of Code of Criminal Procedure on 25.03.2021. The

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grievance of the petitioner is that the application is not being considered and orders are not being passed by the learned Magistrate. Therefore, a direction is sought to the Judicial First Class Magistrate, Thripunithura to consider C.M.P.No.

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Crl.M.C.No.737 OF 2022 3

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323/2021 in C.C. No.1558/2015 and pass orders without further delay.

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I heard the learned counsel for the petitioner and

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also the learned Senior Public Prosecutor.

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Inviting my attention to the order dated 25.03.2021 of the Magistrate with regard to the binding over of PWs 4 to 7, it appears that similar order could have been passed by the learned Magistrate. An application under Section 311 of the Code of Criminal Procedure can be filed at any time; but orders will have to be passed bearing in mind the nature, scope and object of the provision. Whatever it may be, when a petition is filed, it has to be considered and disposed of at the earliest.

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Therefore, the learned Magistrate is directed to consider C.M.P. No. 323/2021 in C.C. No. 1558/2015 and pass

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orders within a period of fifteen days from today.

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The Crl. M.C. is disposed of as above.

Sd/-

K.HARIPAL

JUDGE

DCS/03.02.2022

Crl.M.C.No.737 OF 2022 4

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE 1 APPLICATION FOR RECALLING PW1

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ANNEXURE 2 ORDER PASSED IN APPLICATION FOR ADJOURNMENT

C N Sameer v. State of Kerala

Case brief

What is this about?

What did the court decide?

C N Sameer v. State of Kerala

Case brief

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What did the court decide?

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