Kerala High Court
Ashraf M vs State Of Kerala on 9 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
CRL.MC NO. 2800 OF 2021
AGAINST THE JUDGMENT IN CMP 3249/2020 IN CC 1023/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,PAYYANNUR, KANNUR
PETITIONERS:
1 ASHRAF M.
AGED 47 YEARS
S/O. MUHAMMAD KUNHI,
KHADIJA MAHAL, PERUMBA,
CHITTARIKOVVAL,
KANNUR DISTRICT.
2 SADIQUE.M
AGED 40 YEARS
S/O. MUHAMMAD HAJI,
KHADIJA MAHAL,
PERUMBA,
CHITTARIKOVVAL,
KANNUR DISTRICT.
3 AMEEN
AGED 38 YEARS
S/O. MUHAMMAD HAJI,
KHADIJA MAHAL, PERUMBA,
CHITTARIKOVVAL,
KANNUR DISTRICT.
BY ADVS.
M.V.AMARESAN
S.S.ARAVIND
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
CRL.MC NO. 2800 OF 2021 2
2 MUHAMMED SHEREEF
KUNHIMOOPPAN HOUSE, PUTHIYAPUZHAKKARA,
KOVVAPURAM, KUNHIMANGALAM AMSOM, PAYYANNUR P.O.,
KANNUR DISTRICT, PIN - 670 307.
OTHER PRESENT:
SR.PP - SRI. NOUSHAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2800 OF 2021 3
ORDER
Petitioners are brothers and are the accused in CC No.1023/2017
pending before the Judicial First Class Magistrate, Payyanur which
was taken on file on the final report laid in crime no.648/2017 of
Payyanur Police Station and offence alleged were under Sections 341,
323, 324 read with 34 of IPC. By Annexure-1 judgment dated
12.3.2020 they were found not guilty and acquitted under Section 248
(1) of Cr.P.C. They are the children of Yusuff Madambillath. But,
they were wrongly depicted as sons of Muhammad Kunhi in the trial
court proceedings. In all records including passport their address is
correctly shown as children of Yusuff Madambillath. In the judgment
as they were shown as sons of Muhammad Kunhi, they moved the
trial court with Annexure-2 petition seeking to correct the names of
their father. But, by Annexure-3 order the learned Magistrate rejected
the plea on the premise that he has become functus officio.
2. In order to renew the passport they have to produce the
judgment of acquittal before the passport officer where they have to
show their correct identity, consistent with other records. Therefore,
the Crl.M.C is filed under Section 482 of the Cr.P.C seeking to quash
Annexure 3 order and to direct the Judicial First Class Magistrate,
Payyanur to effect corrections, consistent with the records.
3. After hearing the learned counsel on both sides, I have no
doubt that depicting the petitioners as sons of a different person is
embarrassing; it would also cause impediments in getting proper
documents especially passport; therefore, they have to be shown as
sons of Yusuff Madambillath as evident in Annexures 5 to 7
documents.
In the said circumstances, Annexure 3 order is quashed; the
petitioners are at liberty to move the trial court showing Annexures 5
to 7 documents, for getting the entries corrected. The learned
Magistrate is directed to issue orders on the lines of the address as
shown in the passport. It goes without saying that, after passing orders
the learned Magistrate shall make necessary corrections in the cause
title of the judgment also.
The Crl.M.C is allowed as above.
Sd/-
K.HARIPAL
JUDGE
ska
APPENDIX OF CRL.MC 2800/2021
PETITIONER ANNEXURE
ANNEXURE 1 TRUE COPY OF JUDGMENT IN C.C.1023/2017 DATED
12.03.2020 PASSED BY JUDICIAL FIRST CLASS
MAGISTRATE, PAYYANNUR.
ANNEXURE 2 TRUE COPY OF PETITION FILED BY THE PETITIONERS
BEFORE JUDICIAL FIRST CLASS MAGISTRATE,
PAYYANNUR IN CMP 3249/2020 IN C.C.1023/2017.
ANNEXURE 3 TRUE COPY OF THE ORDER OF JUDICIAL FIRST CLASS
MAGISTRATE, PAYYANNUR IN CMP 3249/2020 IN
C.C.1023/2017 DATED 05.01.2021.
ANNEXURE 4 TRUE COPY OF LETTER DATED 16.04.2019 ISSUED BY
PASSPORT AUTHORITY TO THE 3RD PETITIONER.
ANNEXURE 5 TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF
THE 1ST PETITIONER
ANNEXURE 6 TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF
THE 2ND PETITIONER.
ANNEXURE 7 TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF
THE 3RD PETITIONER.
