Kerala High Court
Muhammed vs Adakkudi Subair on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
OP(C) NO. 81 OF 2022
AGAINST THE ORDER IN IA 1/2020(WRONGLY SHOWN AS IA
NO.1/2021) IN OS 156/2017 OF MUNSIFF'S COURT, NADAPURAM
PETITIONER:-PETITIONER IN IA NO.1 IF 2020
MUHAMMED
AGED 49 YEARS
S/O. MOIDU HAJI, THERAYAMVALLI HOUSE,
VILATHAPURAM AMSOM, KUNINGAD DESOM, VATAKARA
TALUK, KOZHIKODE DISTRICT-673 101
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
MANU VYASAN PETER
SABU GEORGE
RESPONDENTS :- RESPONDENTS IN IA NO.1 OF 2020
1 ADAKKUDI SUBAIR
S/O. KUNHABDULL, VADEKKARA, VILATHAPURAM AMSOM,
KUNINGAD DESOM, POST MUTHUVADATHUR,
KOZHIKODE DISTRICT-673 101
2 KUNHBADULLA PUTHUR,
RETIRED HEAD MASTER, MUTHUVADATHUR
M.U.P.SCHOOL, POST MUTHUVADATHUR, PURAMERI VIA,
VATAKARA TALUK, KOZHIKODE DISTRICT-673 503
3 MADAPPALLY KUNHIRAMAN,
S/O.CHEKKAYI, MADAPPALLY, POST MUTHUVADATHUR,
PURAMERI VIA, VATAKARA TALUK, KOZHIKODE
DISTRICT-673 503
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.81 of 2022 ..2..
A.BADHARUDEEN, J.
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O.P.(C)No.81 of 2022
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Dated this the 14th day of January, 2022
JUDGMENT
This original petition has been filed under Article
227 of the Constitution of India challenging order in I.A.No.1
of 2020(wrongly numbered as I.A.No.1 of 2021) in
O.S.No.156 of 2017 on the file of the Munsiff's Court,
Nadapuram dated 11.11.2021.
2. Originally, this petition was filed by the
fourth defendant in the above suit seeking initiation of
proceedings under Section 340 of Code of Criminal
Procedure against the plaintiff and two other persons on the
allegation that they have committed offences under Sections
191 192, 193, 196, 199 and 200 of the Indian Penal Code.
The learned Munsiff considered application before trial and
finally dismissed stating that at present, no prima facie case
O.P.(C)No.81 of 2022 ..3..
to find ingredients of Section 195 of IPC and therefore,
proceedings cannot be initiated.
3. The learned counsel for the petitioner
submitted that dismissal of the petition before trial, in fact,
caused prejudice to the petitioner who is the fourth
defendant and therefore, order may be interfered, with
direction to the trial court to consider the plea after
completion of trial.
4. Having considered the prayer as submitted, I
am of the view that the order can be interfered with
direction to the trial court to consider the same afresh after
completion of trial in the case, so as to address the
grievance of the fourth defendant/the petitioner herein.
With the above direction, this original petition is
disposed of.
Sd/-
A.BADHARUDEEN, JUDGE
rkj
O.P.(C)No.81 of 2022 ..4..
APPENDIX OF OP(C) 81/2022
PETITIONER EXHIBITS
Exhibit P1 DATED 27.11.2017, TRUE COPY OF THE
PLAINT IN OS NO.156 OF 2017 ON THE
FILE OF THE MUNSIFF'S COURT, NADAPURAM
Exhibit P2 DATED 14.3.2018, TRUE COPY OF THE
WRITTEN STATEMENT FILED BY THE
DEFENDANTS 1 TO 5 AND 7 IN OS NO.156
OF 2017 ON THE FILE OF THE MUNSIFF'S
COURT, NADAPURAM
Exhibit P3 DATED 24.11.2020 TRUE COPY OF THE IA
NO.1 OF 2020 IN OS NO.156 OF 2017 ON
THE FILE OF THE MUNSIFF'S COURT,
NADAPURAM
Exhibit P4 DATED 12.1.2021, TRUE COPY OF THE
COUNTER IN IA NO.1 OF 2020 IN OS
NO.156 OF 2017 ON THE FILE OF THE
MUNSIFF'S COURT, NADAPURAM
Exhibit P5 DATED 11.11.2021, TRUE COPY OF THE
ORDER IN IA NO.1 OF 2020 (WRONGLY
SHOWN AS IA NO.1 OF 2021 ) IN OS
NO.156 OF 2017 ON THE FILE OF THE
MUNSIFF'S COURT, NADAPURAM
Exhibit P6 DATED 20.2.2017, TRUE COPY OF THE
AGREMENT
