Ashraf vs State Of Kerala
2024 Latest Caselaw 11958 Ker

Kerala High Court

Ashraf vs State Of Kerala on 7 May, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE G.GIRISH
           Tuesday, the 7th day of May 2024 / 17th Vaisakha, 1946
                           CRL.MC NO. 1772 OF 2024
       CRIME NO.93/1993 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
 CC 720/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI, MALAPPURAM
PETITIONER(S)/PETITIONER/ACCUSED:

     ASHRAF, AGED 52 YEARS, S/O KUNJIYAMU, KARUVATTIL HOUSE, MOOKKUTHALA
     P.O, PONNANI TALUK, MALAPPURAM DISTRICT, PIN-679577

RESPONDENT(S)/RESPONDENTS/STATE:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, PIN-682031
  2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, BYPASS ROAD,
     ERANHIPPALAM P.O, CALICUT, KERALA, PIN-673006

     This Criminal Misc. case again coming on for orders, upon persuing
the petition and this Court's order dated 04.04.2024 and upon hearing the
arguments of M/S.P.T.SHEEJISH, A.ABDUL RAHMAN & PARVATHY S. MANOJ,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the respondents,
the court passed the following:
                  G. GIRISH, J.
         ---------------------------
           Crl.M.C No.1772 of 2024
     -----------------------------------
      Dated this the 7th day of May, 2024

                       ORDER

The prayer in this petition is to issue a direction to the

Judicial First Class Magistrate Court, Ponnani, to release the

Passport of the petitioner with permission to travel abroad for

joining employment.

2. The request of the petitioner in the above regard

was rejected by the learned Magistrate vide Annexure A2-

Order stating the reason that the crime which was registered

as early as in the year 1993 was remaining as long pending

due to the non-appearance of the petitioner and that the

charge in the case has not been framed so far. It is further

observed by the learned Magistrate in the aforesaid order that

the presence of the accused is necessary for recording the

plea, for conducting trial and for examination under Section

313 of the Code of Criminal Procedure.

3. As per order dated 25.03.2024, a report was called

for from the learned Magistrate as to the possibility of

disposing of the case in a time bound manner. Accordingly,

..2..

the learned Magistrate has submitted a report dated

01.04.2024 seeking a period of one year for the disposal of the

case. It is stated in the aforesaid report that the prosecution

documents are scattered in the case files and the copies for

the accused are also not available from the records.

4. Thereafter, the learned Magistrate was required to

forward the judgments in CC No.48 of 1994 and CC No.305 of

2001 in connection with this case. Accordingly, the copies of

the above judgments are seen furnished.

5. Having regard to the above facts and

circumstances of the case, I feel that the issue in this petition

has to be decided by the regular Bench considering the

matter.

List the case on 21.05.2024 as per roster.

Sd/-

G. GIRISH, JUDGE

PR