Muhammed Ashar K vs State Represented By Public Prosecutor
2024 Latest Caselaw 31138 Ker

Kerala High Court

Muhammed Ashar K vs State Represented By Public Prosecutor on 1 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                    2024:KER:81269

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
                     CRL.MC NO. 8689 OF 2024
        AGAINST THE ORDER/JUDGMENT DATED 04.09.2024 IN CMP NO.54
  OF 2024 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,THALASSERY

PETITIONER/COMPLAINANT:

           MUHAMMED ASHAR K
           AGED 39 YEARS
           AZHAR COTTAGE,
           PANOOR AMSOM DESOM,
           POST PANOOR,PH:9400512915,
           THALASSERY TALUK,KANNUR DISTRICT, PIN - 670692


           BY SRI. MUHAMMED ASHAR K(PARTY-IN-PERSON)


RESPONDENTS/STATE:

    1      STATE REPRESENTED BY PUBLIC PROSECUTOR
           REPRESENTED BY GOVERNMENT PLEADER,
           HIGH COURT OF KERALA, PIN - 682031

    2      CIMHANS DIRECTOR DR. VINEETHA
           THOKKILANGADI,NIRMALAGIRI POST,
           KUTHUPARAMBA, PIN - 670701

    3      SHIJAS
           CHILLUMEDA HARDWARES,
           PANOOR POST, PIN - 670692

    4      BASHEER PK
           PK MAHAL, POST PANOOR, PIN - 670692

    5      MUNEER PK
           MUNEER NIVAS,
           POST PANOOR, PIN - 670692

    6      MUHAMMED K
           KANDOTH HOUSE,
           POST PANOOR, PIN - 670692
                                                     2024:KER:81269
Crl.M.C.No.8689 of 2024
                                 -:2:-
      7      SHO PANOOR POLICE STATION
             PANOOR TOWN POLICE STATION, PIN - 670692

             BY ADV.SREEJA V.
             PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                  2024:KER:81269
Crl.M.C.No.8689 of 2024
                                      -:3:-




                        BECHU KURIAN THOMAS, J.
                       ---------------------------------------
                          Crl.M.C.No.8689 of 2024
                       ---------------------------------------
                   Dated this the 1st day of November, 2024


                                    ORDER

Petitioner was the complainant in C.M.P. No.54/2024 on the files

of the Additional Chief Judicial Magistrate Court, Thalassery. He filed a

complaint alleging that, on 03.06.2021, he was forcefully taken from his

house and admitted in a hospital for mental ailments by the Panoor Police,

which caused mental agony to him.

2. After the complaint was filed, a sworn statement was taken as

part of an enquiry under Section 202 Cr.P.C., and a report of the Police was

called for. Thereafter, the learned Additional Chief Judicial Magistrate, by

order dated 04.09.2024, dismissed the complaint under Section 203 Cr.P.C.

Since a criminal revision petition has to be filed against an order dismissing

a complaint under Section 203 Cr.P.C., this petition under Section 528 of

the Bharatiya Nagarik Suraksha Sanhita, 2023, is not maintainable.

Accordingly reserving the liberty of the petitioner to approach the

Jurisdictional Court in accordance with law, this criminal miscellaneous case

is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/01.11.24.

2024:KER:81269

PETITIONER'S ANNEXURES

Annexure 1 POLICE REPORT GIVEN TO ACJM THALASSERY DATED BY ACJM 24/02/2024.

Annexure 2 CHRISTURAJ MENTAL HOSPITAL DISCHARGE DOCUMENT DATED 12/06/2021.