The High Court of Kerala disposed of a criminal miscellaneous petition by holding that the matter need not be retained, allowing the petitioners to file a discharge petition in the lower court to remedy procedural delays.
The criminal miscellaneous petition was disposed of; petitioners were allowed to file a discharge petition in the lower court within six weeks.
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 P.V.KUNHIKRISHNAN
TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
CRL.MC NO. 1694 OF 2020
AGAINST THE ORDER/JUDGMENT CC 423/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/S:
1 NAUSHADAGED 38 YEARS
S/O.MUHAMED,PAINTER, CHAKKARAMAKKAL HOUSE,
KARUKATHIRUTHI, PONNANI.P.O., MALAPPURAM
DISTRICT, PIN-679577.
2 ABDUL RAHIM AGED 29 YEARS S/O.MUHAMED, SALESMAN, CHAKKARAMAKKAL HOUSE, KARUKATHIRUTHI, PONNANI.P.O., MALAPPURAM DISTRICT, PIN-679577.BY ADV M.P.VIJAYAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.2 VELLAYIL SUHARA, AGED 64 YEARS, W/O.MUHAMMED, KADAVANADU AMSOM, PUTHUPONNANI DESOM, PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679577.OTHER PRESENT:
SRI.SANAL.P.RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.09.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No. 1694 of 2020
P.V.KUNHIKRISHNAN, J.
Crl.M.C No. 1694 of 2020
Dated this the 26th day of September, 2023
ORDER
The petitioners are the accused in CC No.423 of 2019 on the file
of the Judicial First Class Magistrate Court, Ponnani arising from Crime No.110 of 2017 of Ponnani Police Station. The above case is charge sheeted alleging offences punishable under Section 420 and 406 IPC. Even though this Court stayed the proceedings before the lower court for a period of three months on 27.02.2020, the stay was not extended. The Calendar Case is registered in the year 2019. I am of the considered opinion that this Crl.M.C need not be retained here. If the charge is not framed, the petitioners can be allowed to file a discharge petition and there can be a direction to consider the same by the learned Magistrate.
Therefore, this Crl.M.C is disposed of in the following manner;
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Crl.M.C No. 1694 of 2020
Magistrate will consider the same and pass appropriate orders, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the discharge petition.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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Crl.M.C No. 1694 of 2020
APPENDIX OF CRL.MC 1694/2020
PETITIONER ANNEXURES
ANNEXURE A1THE CERTIFIED COPY OF THE COMPLAINT
DATED 8.4.2017 AND THE FIR NO.110/2017
DATED 8.4.2017.
ANNEXURE A2THE CERTIFIED COPY OF THE AGREEMENT
BETWEEN THE FIRST ACCUSED AND THE
DEFACTO- COMPLAINANT DATED 21.11.2014.
ANNEXURE A3THE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.110/14 DATED 10.7.2019.
1 issue framed by the court
Whether the criminal miscellaneous petition arising from a charge sheeted case needs to be retained by the High Court.
Naushad
Abdul Rahim
State of Kerala
Vellayil Suhara
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court