Shanavas vs State Of Kerala
2021 Latest Caselaw 14051 Ker

OP(Crl.) No.248/2020                           1/3




                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT
                           THE HONOURABLE MR. JUSTICE P.SOMARAJAN
                  Wednesday, the 7th day of July 2021 / 16th Ashadha, 1943
                                  OP(CRL.) NO. 248 OF 2020

       ST.NO.9360/1998 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA

                                    -------------------

   PETITIONER:

             SHANAVAS

             AGED 55 YEARS, S/O. KABEER,

             CHERIYEDATHPARAMBIL HOUSE, IRINJALAKUDA,

             MUKUNDAPURAM, THRISSUR.

             AND ANOTHER

   RESPONDENT:

             STATE OF KERALA

             REPRESENTED BY SECRETARY TO GOVERNMENT,

             REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 004.

             AND OTHERS.


           Petition praying that in the circumstances stated in the affidavit

   filed therewith the High Court be pleased to direct the respondents 2 and

   3 to accept land tax without noting the attachment order passed by

   Judicial First Class Magistrate Court, Irinjalakkuda in ST.No.9360/1998.



           This OP(Criminal) again coming on for orders upon perusing the

   petition and the report dated 06/07/2021 from the Judicial First Class

   Magistrate,Irinjalakuda and this Court's order dated 25/06/2021, and upon

   hearing the arguments of SRI.T.M.ABDUL LATHEEF, Advocate for the

   petitioner and the Public Prosecutor for the Respondents 1 to 4, the court

   passed the following:
 OP(Crl.) No.248/2020                           2/3




                                    P.SOMARAJAN,J.
                                   ---------------
                               O.P.(Crl)No.248 of 2020
                                    ---------------
                         Dated this the 7th day of July, 2021

                                             O R D E R

An incomplete report is seen submitted by

the Magistrate Smt.Alisha Mathew, Judicial First

Class Magistrate, Irinjalakkuda, stating that on

enquiry, it was found that the entire case

records of the case were destructed as per order

No.A4 3063/2014 dated 27/10/2014 of CJM,

Thrissur. It is not mentioned whether the

judgment of acquittal and the proceedings were

also destructed. Prima facie, it appears that

the report was prepared without disclosing the

necessary details regarding the judgment of

acquittal and other proceedings and whether it

was preserved or not. There is failure on the

part of the officer who submitted the report to

disclose the entire details. Call for a

detailed explanation from the Magistrate why she OP(Crl.) No.248/2020 3/3

O.P.(Crl)No.248 of 2020

had flouted the order of this court. It shall

be reached before this office on or before

14.07.2021.

Call on 15.07.2021.

Sd/-

P.SOMARAJAN JUDGE

spv

07-07-2021 /True Copy/ Assistant Registrar