On admission of the Criminal Miscellany Case, the High Court vacated the interim stay previously granted prohibiting trial of C.C.No.1097/2015. The trial court was directed to expedite proceedings and dispose of the case within a period of three months.
Vacated interim stay prohibiting trial; directed trial court to dispose of CC.No.1097/2015 within 3 months.
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 A. BADHARUDEEN
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
CRL.MC NO. 5487 OF 2016
CC 1097/2015 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM
PETITIONER/ACCUSED:
LALY M.BASHEER
MANGAT HOUSE, LOVELY GARDENS,ARAKUZHA ROAD, MUVATTUPUZHA
P.O.
BY ADV SHAMEM M S
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM.
2SAJANA MK
WOMAN POLICE CONSTABLE,KOTHAMANGALAM POLICE
STATION,IDUKKI DT - 685561
R1 BY SR PUBLIC PROSECUTOR SRI. P G MANU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO.5487 OF 2016 2
ORDER
Dated this the 4th day of August, 2023
The learned counsel for the petitioner is not ready to argue this matter, though this matter has been specifically posted for hearing repeatedly and as last chance for today as requested by the learned counsel, who filed a fresh Vakalath.
Registry is directed to forward a copy of this order to the Magistrate Court, for compliance, forthwith.
Sd/-
A. BADHARUDEEN JUDGE
Bb
CRL.MC.NO.5487 OF 2016 3
APPENDIX OF CRL.MC 5487/2016
PETITIONER’S ANNEXURES
ANNEXURE A1TRUE COPY OF THE FIR AND FIS IN CC
NO.1097/2015 BEFORE THE JUDICIAL 1 CLASS
MAGISTRATE COURT, KOTHAMANGALAM.
ANNEXURE A2TRUE COPY OF FINAL REPORT IN CC
NO.1097/2015 BEFORE THE JFCM COURT,
KOTHAMANGALAM.
ANNEXURE A3TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED.
ANNEXURE A4ATRUE COPY OF THE QUERY UNDER THE RTI ACT.
ANNEXURE A4BTRUE COPY OF THE REPLY UNDER THE RTI ACT.
ANNEXURE A5CERTIFIED COPY OF THE ORDER IN
CRL.M.C.NO.4842/2016 DATED 9.8.2016.
RESPONDENTS’ ANNEXURES - NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the interim stay granted prohibiting trial should be vacated and the trial court directed to expedite disposal.
LALY M.BASHEER
STATE OF KERALA
SAJANA MK
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court