Sadham Azeez vs Najila Mubarak
2023 Latest Caselaw 10823 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                      OP(CRL.) NO. 754 OF 2023
  AGAINST THE ORDER/JUDGMENT IN CMP 4697/2023 OF JUDICIAL FIRST
        CLASS MAGISTRATE COURT -II(FOREST OFFENCES),PUNALUR
PETITIONER/PETITIONER:

            SADHAM AZEEZ
            AGED 32 YEARS
            SADHAM MANZIL, PUNALUR VILLAGE PUNALUR TALUK, PUNALUR
            P.O, PIN - 691305

            BY ADV E.D.GEORGE



RESPONDENTS/ACCUSED 1 TO 3:

    1       NAJILA MUBARAK
            AGED 28 YEARS
            MUBARAK HOUSE, PATHIRAKKAL P.O IDATHARA, PATHANAPURAM
            TALUK, PIN - 689695

    2       YASIN MUBARAK
            AGED 55 YEARS
            MUABRAK HOUSE, PATHIRAKKAL P.O PATHANAPURAM, PIN -
            689695

    3       MANSOOR MOULAVI
            IMAM, PATHANAPURAM, NADUKKUNNU MUSLIM MOSQUE,
            PATHANAPURAM, PIN - 689695


     THIS   OP   (CRIMINAL)     HAVING     COME   UP   FOR   ADMISSION   ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.754 OF 2023
                                        2

                  P.V.KUNHIKRISHNAN
             ---------------------
                  OP(CRL.) No.754 of 2023
          ---------------------------
           Dated this the 19th day of October, 2023

                                JUDGMENT

This original petition (criminal) is filed with the

following prayers:-

I. Issue an order or direction, directing the Judicial First Class Magistrate Court-II, Punalur to dispose off the CMP 4697/2023 at the earliest.

II. To pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." (SIC)

2. When this original petition (criminal) came up for

consideration, this Court directed the Registry to get a

report from the trial court about the time required to

conclude the proceedings in CMP No.4697/2023. Trial court

submitted a report. It will be better to extract the relevant

portion of the same, which reads as follows:-

"In obedience to the Hon'ble High Court of Kerala in the Official Memorandum mentioned under reference I am submitting herewith the following for your kind perusal and favourable actions.

Sri Saddham Aseez aged 32 years S/o Abdul Azees, Saddam manzil. Punalur Village, Punalur Taluk OP(CRL.) NO.754 OF 2023

has filed a complaint u/s. 190(1) CrPC on 26.06.23 and the same is taken on file of this Court as CMP 4697/2023. The sworn statement of complainant and two witnesses are recorded and the CMP 4697/2023 is posted for further evidence of the complainant to 18.11.2023. In this connection it is humbly submitted that a time of two months from 18.11.2023 is required to conclude the proceedings in CMP 4697/2023 without fail. Expecting favourable action."

In the light of the above report, this original petition

(criminal) can be disposed of. Therefore, this original

petition (criminal) is disposed of directing the Judicial First

Class Magistrate Court - II (Forest Offences), Punalur to

conclude the proceedings in CMP.No.4697/2023 as

expeditiously as possible, at any rate, within two months

from 18.11.2023.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng OP(CRL.) NO.754 OF 2023

APPENDIX OF OP(CRL.) 754/2023

PETITIONER EXHIBITS

Exhibit1 TRUE COPY OF THE COMPLAINT IN CMP 4697/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PUNALUR DATED 26/06/2023