Criminal appeal against a Magistrate's order under Section 446(1) CrPC was filed before the High Court though it lay before the Sessions Court under Section 449(i); appeal dismissed without prejudice to filing before the appropriate court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945
CRL.A NO.1878 OF 2023
M.C.NO.34/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,PATHANAMTHITTA
APPELLANTS/PETITIONERS NO.1 AND 2:
1 H SHAJAHAN, AGED 61 YEARS S/O.HASSAN RAWTHER, MAVANAL PUTHEN VEEDU, KUMMANOOR .P.O, KONNI , PATHANAMTHITTA, PIN - 686572
2 K HAMZA AGED 72 YEARS S/O.KOYAKUTTY, SABEENAMANZIL KUMMANNOOR PO, KONNI, PIN - 686572 BY ADVS. SUNNY MATHEW ANOOJ.J
RESPONDENTS/RESPONDENTS:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Crl.A.No.1878 of 2023
P.G. AJITHKUMAR, J.
-----------------------------------------------------------
Crl.A.No.1878 of 2023
----------------------------------------------------------Dated this the 22nd day of January, 2024
J U D G M E N T
The order under challenge in this appeal is one passed by the Judicial Magistrate of the First Class-II, Pathanamthitta under Section 446(1) of the Code of Criminal Procedure, 1973. The appeal ought to have been filed before
the Sessions Court in the light of the provisions of Section 449(i) of the Code.
This appeal is therefore dismissed without prejudice to
the right of the appellants to file an appeal before the appropriate court. Return the certified copy of the impugned order to the learned counsel for the appellants and retain a true copy of it with records.
Sd/- P.G. AJITHKUMAR JUDGE
PV
1 issue framed by the court
Whether the appeal against the order under Section 446(1) CrPC could be entertained by the High Court instead of the Sessions Court under Section 449(i).
2 provisions across 1 enactments
H SHAJAHAN
K HAMZA
THE STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
