P. Muhammed @ Mayamood vs Abdul Kareem
2021 Latest Caselaw 10208 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE SHIRCY V.

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      Crl.MC.No.2037 OF 2018(D)

AGAINST THE ORDER/JUDGMENT IN CMA 1557/2017 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,HOSDRUG

      CRIME NO.259/2015 OF Hosdurg Police Station , Kasargod


PETITIONERS/ACCUSED :-

      1      P. MUHAMMED @ MAYAMOOD
             S/O. KUNHABDULLA, AGED 40 YEARS,
             ITTAMMAL, KUSHAL NAGAR, HOSDURG,
             KANHANGAD P.O., KASARGOD DISTRICT.

      2      IBRAHIM
             S/O. MUHAMMED, AGED 43 YEARS,
             ITTAMMAL KUSHAL NAGAR, HOSDURG,
             KANHANGAD P.O., KASARGOD DISTRICT.

      3      UMAIR
             S/O. MAJEED, AGED 33 YEARS,
             KARGIL NAGAR, HOSDURG,KANHANGAD P.O.,
             KASARGOD DISTRICT.

      4      MUJEEB KARMAN MUJEEB
             S/O. KUNABDULLA, AGED 33 YEARS,
             KARGIL NAGAR, HOSDURG,KANHANGAD P.O.,
             KASARGOD DISTRICT.

      5      HAMEED K.H
             S/O. YOUSUF, AGED 24 YEARS,
             ITTAMMAL, KUZHAL NAGAR, HOSDURG,
             KANHANGAD P.O., KASARGOD DISTRICT.

      6      BASID B
             S/O. SHEREEF, AGED 22 YEARS,
             ITTAMMAL, KUSHAL NAGAR, HOSDURG,
             KANHANGAD P.O., KASARGOD DISTRICT.

      7      FANAS
             S/O. KUNHAMMED, AGED 24 YEARS,
             ITTAMMAL, KUSHAL NAGAR, HOSDURG,
             KANHANGAD P.O., KASARGOD DISTRICT.

      8      RAYEES
 Crl.MC.No.2037 OF 2018

                                  2

                S/O. MUHAMMEDKUNHI, AGED 26 YEARS,
                HOSDURG BEACH, HOSDURG,KANHANGAD P.O.,
                KASARGOD DISTRICT.

      9         SUBAI
                S/O. MAMMU, AGED 38 YEARS,
                ITTAMMAL, KUSHAL NAGAR, HOSDURG,
                KANHANGAD P.O., KASARGOD DISTRICT.

      10        SALAM ABDUL SALAM
                S/O. SALAM @ ABDUL SALAM,
                AGED 45 YEARS,KEECHERI PALLI QUARTERS,
                ITTAMMAL, KUSHAL NAGAR, HOSDURG,
                KANHANGAD P.O., KASARGOD DISTRICT.

      11        ASEES P ASSI
                S/O. HUSSAINAR, AGED 41 YEARS,PATTILLATH HOUSE,
                ITTAMMAL, KUSHAL NAGAR, HOSDURG, KANHANGAD P.O.,
                KASARGOD DISTRICT.

      12        SAFEER
                S/O. MOIDU, AGED 25 YEARS,
                ITTAMMAL, KUSHAL NAGAR, HOSDURG,
                KANHANGAD P.O., KASARGOD DISTRICT.

                BY ADVS.
                SRI.K.R.AVINASH (KUNNATH)
                SRI.C.H.ABDUL RASAC
                SRI.ABDUL RAOOF PALLIPATH

RESPONDENT/S:

      1         ABDUL KAREEM
                AGED 37 YEARS, S/O. ABDUL RAHIMAN,
                HOSDURG,KASARGOD DISTRICT - 671 312.

      2         SMT.MARIYAM B
                W/O. HAMZA, ITTAMMAL HOUSE, KUSHAL NAGAR,
                NEAR POLYTECHNIC, HOSDURG, KASARGOD - 671 312.

      3         THE STATE OF KERALA
                REPRESENTED BY THE STATION HOUSE OFFICER,
                HOSDURG POLICE STATION,
                THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
                ERNAKULAM - 682 031.

                C.N.PRABHAKARAN - SR.P.P

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2037 OF 2018

                                      3




                                    ORDER

Dated this the 25th day of March 2021

The petitioners are accused in

C.C.No.1557 of 2015 now pending before the

Judicial First Class Magistrate Court-I, Hosdurg.

They have filed this petition seeking the

following reliefs :-

i) call for the records in C.C.No.1557/2015 before the JFCM Court- I, Hosdurg in Crime No.259/2015 of Hosdurg police station, Kasargod District and quash all the proceedings against the petitioners.

ii) grant such other order that this Hon'ble court may deem fit and proper in the facts and circumstances of this case.

2. Though notice has been served to the

defacto complainant, failed to appear before this

court. Thereafter, Crl.M.A.No.1 of 2021 has been

filed by the petitioner seeking a direction to

the court below to dispose of the case without Crl.MC.No.2037 OF 2018

further delay.

3. Heard the learned counsel for the

petitioners as well the learned Public

Prosecutor.

4. The crime was registered by the Hosdurg

Police against these petitioners as Crime No.259

on 02.03.2015. Now the case is pending before the

court below as C.C.No.1557 of 2015. Since the

matter is of the year 2015, I have called for a

report from the court below regarding the time

required for disposal of the case.

5. Through letter dated 17.03.2021, the

learned Judicial First Class Magistrate-I,

Hosdurg has submitted that six months time would

be required for disposal of the case subject to

the availability of the witnesses and the case

stands posted to 19.05.2021.

6. Accepting the report submitted by the

learned Jusdicial First Class Magistrate-I,

Hosdurg, I hereby direct the court below to take

all endeavour to dispose of C.C.No.1557 of 2015 Crl.MC.No.2037 OF 2018

pending before that court right from 2015 within

a period of six months from the date of receipt

of a copy of this order.

Accordingly, this Crl.M.C is disposed of.

Sd/-

SHIRCY V.

JUDGE SMA Crl.MC.No.2037 OF 2018

APPENDIX

PETITIONER'S/S ANNEXURES :-

ANNEXURE 1 TRUE COPY OF THE FINAL FEPORT WITH FIR IN CRIME NO. 259/2015.

RESPONDENT(S)' ANNEXURES :- NIL

//TRUE COPY//

PA TO JUDGE SMA