Ashraf vs State Of Kerala

Kerala High Court

Ashraf vs State Of Kerala on 7 May, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE G.GIRISH
           Tuesday, the 7th day of May 2024 / 17th Vaisakha, 1946
                           CRL.MC NO. 1772 OF 2024
       CRIME NO.93/1993 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
 CC 720/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI, MALAPPURAM
PETITIONER(S)/PETITIONER/ACCUSED:

     ASHRAF, AGED 52 YEARS, S/O KUNJIYAMU, KARUVATTIL HOUSE, MOOKKUTHALA
     P.O, PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679577

RESPONDENT(S)/RESPONDENTS/STATE:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, PIN-682031
  2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, BYPASS ROAD,
     ERANHIPPALAM P.O, CALICUT, KERALA, PIN-673006

     This Criminal Misc. case again coming on for orders, upon persuing
the petition and this Court's order dated 04.04.2024 and upon hearing the
arguments of M/S.P.T.SHEEJISH, A.ABDUL RAHMAN & PARVATHY S. MANOJ,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondents,
the court passed the following:
                  G. GIRISH, J.
         ---------------------------
           Crl.M.C No.1772 of 2024
     -----------------------------------
      Dated this the 7th day of May, 2024

                       ORDER

The prayer in this petition is to issue a direction to the Judicial First Class Magistrate Court, Ponnani, to release the Passport of the petitioner with permission to travel abroad for joining employment.

2. The request of the petitioner in the above regard was rejected by the learned Magistrate vide Annexure A2- Order stating the reason that the crime which was registered as early as in the year 1993 was remaining as long pending due to the non-appearance of the petitioner and that the charge in the case has not been framed so far. It is further observed by the learned Magistrate in the aforesaid order that the presence of the accused is necessary for recording the plea, for conducting trial and for examination under Section 313 of the Code of Criminal Procedure.

3. As per order dated 25.03.2024, a report was called for from the learned Magistrate as to the possibility of disposing of the case in a time bound manner. Accordingly, Crl.M.C No.1772 of 2024 ..2..

the learned Magistrate has submitted a report dated 01.04.2024 seeking a period of one year for the disposal of the case. It is stated in the aforesaid report that the prosecution documents are scattered in the case files and the copies for the accused are also not available from the records.

4. Thereafter, the learned Magistrate was required to forward the judgments in CC No.48 of 1994 and CC No.305 of 2001 in connection with this case. Accordingly, the copies of the above judgments are seen furnished.

5. Having regard to the above facts and circumstances of the case, I feel that the issue in this petition has to be decided by the regular Bench considering the matter.

List the case on 21.05.2024 as per roster.

Sd/-

G. GIRISH, JUDGE PR