Kerala High Court
Jubin Shan vs Sho on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
Crl.MC.No.4879 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CRL.MP 339/2020 & 340/2020 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
CRIME NO.784/2020 OF THAMARASSERY POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED NO.2,3,4:
1 JUBIN SHAN, AGED 22 YEARS
S/O ABDUL AZEES,
THAZHEMADATHIL HOUSE, PANANGADU,
KOZHIKODE DISTRICT-673612.
2 SAKKARIYA K P
AGED 27 YEARS
S/O UMMAR, KUNNAM PURAM(H), THACHAM POYIL, KODUVOOR,
KOZHIKODE DISTRICT-673573.
3 MUHAMMED DILSHAD
AGED 23 YEARS
S/O ABDUL MAJEED,
CHEROTH POYIL, UMMUNIKKUNNU, UNNIKULAM PO, BALUSSERY,
KOZHIKODE DISTRICT-673574.
BY ADV. SRI.P.S.ANISHAD
RESPONDENTS/COMPLAINANT:
1 SHO, THAMARASSERY POLICE STATION,
KOZHIKODE DISTRICT-673573.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM- KOCHIN-31.
PUBLIC PROSECUTOR.SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
21.01.2021, ALONG WITH Crl.MC.4885/2020(A), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.4879/2020, Crl.MC.4885/2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
Crl.MC.No.4885 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CRL.MP 339/2020 & 340/2020 OF
SPECIAL COURT (NDPS ACT CASES), VADAKARA
CRIME NO.784/2020 OF THAMARASSERY POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED NO.2,3,4:
1 JUBIN SHAN
AGED 22 YEARS
S/O. ABDUL AZEES, THAZHEMADATHIL HOUSE, PANANGADU,
KOZHIKODE DISTRICT 673 612.
2 SAKKARIYA K.P.
AGED 27 YEARS
S/O. UMMER, KUNNAM PURAM (H), THACHAM POYIL,
KODUVOOR, KOZHIKODE DISTRICT 673 573.
3 MUHAMMED DILSHAD, AGED 23 YEARS
S/O. ABDUL MAJEED, CHEROTH POYIL, UMMUNIKUNNU,
UNNIKULAM P.O., BALUSSERY,
KOZHIKODE DISTRICT 673 574.
BY ADV. SRI.P.S.ANISHAD
RESPONDENTS/COMPLAINANT:
1 SHO, THAMARASSERY POLICE STATION,
KOZHIKODE DISTRICT 673 573.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
KERALA, ERNAKULAM, KOCHIN 31.
PUBLIC PROSECUTOR.SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
21.01.2021, ALONG WITH Crl.MC.4879/2020(H), THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl.MC.4879/2020, Crl.MC.4885/2020 3
ORDER
During the course of investigation of a crime an
application was submitted for getting copy of CCTV
footage and tower location details. Investigation is
going on, not completed and no final report was
submitted. As such, there is no provision for issuing
the copies or the materials or the evidence collected
by the prosecution before the completion of
investigation and submission of final report. None of
the accused can ask for a copy of any of the document
till the finalization of investigation and submission
of final report. The right to get copy of document
relied on by the prosecution would arise only on
submission of final report and not otherwise. Both
these applications amount to misuse of process of the
court, and are liable to be dismissed. I do so. Both
the Crl.M.Cs. are dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.4879/2020, Crl.MC.4885/2020 4
APPENDIX OF Crl.MC 4879/2020
PETITIONER'S/S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE COMMON ORDER OF THE
COURT OF THE SPECIAL JUDGE (NDPS ACT CASES,
VADAKARA IN CRL.M.P. NO. 339/2020 AND
340/2020.
RESPONDENTS ANNEXURES:NIL
Crl.MC.4879/2020, Crl.MC.4885/2020 5
APPENDIX OF Crl.MC 4885/2020
PETITIONER'S/S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE COMMON ORDER OF THE
COURT OF THE SPECIAL JUDGE (NDPS ACT CASES,
VADAKARA IN CRL.M.P. NO. 339/2020 AND
340/2020.
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
