The Kerala High Court dismissed two criminal miscellaneous applications as infructuous upon acceptance of the submission that the petitioner-accused had died. The court recorded the death and disposed of the petitions without further inquiry into the merits of the underlying criminal cases.
Criminal miscellaneous applications were dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
CRL.MC NO. 1317 OF 2014
PETITIONER/S:
T.A.MUHAMMED
BY ADVS.
SRI.SIRAJ KAROLY
SMT.A.SEENA
RESPONDENT/S:
STATE OF KERALA
BY ADVS.
SRI.AJEESH S.BRITE
PUBLIC PROSECUTOR
OTHER PRESENT:
PP M.C.ASHI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2023, ALONG WITH Crl.MC.1681/2014, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C No. 1317 & 1681 of 2014
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945
CRL.MC NO. 1681 OF 2014
AGAINST THE ORDER/JUDGMENT IN CRMC 124/2014 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM
PETITIONER/S:
AMIR MAMMYKUTTY RESIDING AT MECHERIMADOM HOUSE, ENANELLOOR P.O, ANCHALPETTY, ENANELLOOR VILLAGE, MUVATTUPUZHA. BY ADV SRI.AJEESH S.BRITE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2SUBAIDHA T.N
W/O.KUNJUMUHAMMED, RESIDING AT ARRACKKAL HOUSE,
AYYOTTICHIRA KARA, VELIYAMKODE VILLAGE, PONNANI TALUK.
3MUHAMMED MAMMU
THAZHATHEKUDIYIL HOUSE, PERUMATTOM, VELLOORKUNNAM
VILLAGE, MUVATTUPUZHA TALUK.
BY ADVS.
PUBLIC PROSECUTOR
SRI.SIRAJ KAROLY
PUBLIC PROSECUTOR
SRI.SIRAJ KAROLY
SMT.A.SEENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2023, ALONG WITH Crl.MC.1317/2014, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C No. 1317 & 1681 of 2014
3
O R D E R
Dated this the 14th day of June, 2023
Learned counsel submits that the petitioner / accused is no
more. This is recorded and the Crl.M.C is dismissed as infructuous.
Sd/- V.G ARUN JUDGE
SJ
Crl.M.C No. 1317 & 1681 of 2014
4
APPENDIX OF CRL.MC 1681/2014
PETITION |
ER ANNEX |
URES |
|---|---|---|
ANNEXURE |
1 |
COPY OF THE F.I.REPORT IN CRIME 2610/13 OFMUVATTUPUZHA POLICE STATION. |
ANNEXURE |
2 |
COPY OF THE FIS GIVEN BY THE PETITIONER INCRIME NO.2610/2013 OF MUVATTUPUZHA POLICESTATION. |
ANNEXURE |
3 |
COPY OF THE REGISTERED SETTLEMENT DEEDNO.771/94 DATED 24.2.94 INFAVOUR OF THE ISTACCUSED. |
ANNEXURE |
4 |
COPY OF THE ENCUMBRANCE CERTIFICATENO.4290/2013 DATED 28.05.13 OF PONNANI SRO. |
ANNEXURE |
5 |
COPY OF THE COMPLAINT LODGED BY SUNEER P.BTHE OWNER OF PALATHINGAL JEWELLERY. |
ANNEXURE |
6 |
COPY OF THE ORDER IN CRMC 124/14 DATED29.1.14 BY THE LEARNED SESSIONS JUDGE. |
Crl.M.C No. 1317 & 1681 of 2014
5
APPENDIX OF CRL.MC 1317/2014
PETITIONER ANNEXURES
ANNEXURE A1TRUE COPY OF THE FI STATEMENT GIVEN BY THE
2ND RESPONDENT BEFORE THE POLICE
ANNEXURE A2CERTIFIED COPY OF THE FIR IN CRIME NO 2610/13
OF MUVATTUPUZHA POLICE STATION
ANNEXURE A3TRUE COPY OF THE COMPLAINT FILED BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT,MUVATTUPUZHA
ANNEXURE A4TRUE COPY OF THE PLAINT IN OS NO 206/13
ANNEXURE A5 TRUE COPY OF THE CHEQUE PRESENTED ALONG WITH
ANNEXURE III COMPLAINT AND ANNEXURE IV SUIT
3 issues framed by the court
Whether the continuation of criminal miscellaneous applications is necessary after the death of the accused.
Whether the dismissal of criminal miscellaneous applications as infructuous following the death of the accused is maintainable.
Whether criminal proceedings must be summarily concluded upon the death of the accused.
T.A.MUHAMMED
STATE OF KERALA
AMIR MAMMYKUTTY
SUBAIDHA T.N
MUHAMMED MAMMU
V.G ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court