Shalu Muhammed vs State Of Kerala
2024 Latest Caselaw 31746 Ker

Kerala High Court

Shalu Muhammed vs State Of Kerala on 6 November, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 6940 OF 2019               1




                                                     2024:KER:82954
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946

                          CRL.MC NO. 6940 OF 2019

            CRIME NO.249/2019 OF Attingal Police Station,

                            Thiruvananthapuram

          AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1057 OF 2019

OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL

PETITIONER/S:

      1        SHALU MUHAMMED,
               AGED 40 YEARS
               S/O MUHAMMED SHAFI, MAYAN VILLA, MARKET ROAD,
               CHITTATTINKARA DESOM, ATTINGAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT.

      2        RAMLA BEEVI,
               AGED 64 YEARS
               W/O MUHAMMED SHAFI, MAYAN VILLA, MARKET ROAD,
               CHITTATTINKARA DESOM, ATTINGAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT.

      3        SHAILI,
               AGED 34 YEARS
               D/O RAMLA BEEVI, INDEEVANAM FLAT, KURUP LANE,
               CHITTATTHINKARA DESOM, ATTINGAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT

      4        SHEEN THAHA,
               AGED 44 YEARS
               S/O THAHA SAHIB, SHANI NIVAS, THADIKKAD, VAYAKKAL
               VILLAGE, ANCHAL, KOLLAM DISTRICT.
 CRL.MC NO. 6940 OF 2019             2




                                                    2024:KER:82954


               BY ADV P.ANOOP (MULAVANA)


RESPONDENT/S:

      1        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682 031.

      2        ANSHI,
               AGED 31 YEARS
               D/O NASEEMA, ALSHI MANZIL, MANACAUD DESOM,
               MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695
               009.



OTHER PRESENT:

               SRI.SANGEETHARAJ.N.R, PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 6940 OF 2019                3




                                                     2024:KER:82954



                    P.V.KUNHIKRISHNAN, J
                  --------------------------------------
                   Crl.M.C. No. 6940 of 2019
                  --------------------------------------
            Dated this the 6th day of November, 2024



                                  ORDER

This Criminal Miscellaneous case is filed to quash the

proceedings in CC No. 1057/2019 on the file of the Judicial

First Class Magistrate Court-I, Attingal arising from Crime

No. 249/2019 of Attingal Police Station. It is a prosecution

initiated against the petitioners alleging offences punishable

under Secs. 294 (b), 323, 498A r/w 34 IPC.

2. Even though notice is issued to the 2nd

respondent, the service is not complete even now. After going

through the final report, I am of the considered opinion that

the petitioners have to raise the contentions raised in this

case by filing a discharge petition. If such a discharge

petition is filed, there can be a direction to consider the same

2024:KER:82954 without insisting the presence of the petitioners.

Therefore, this Criminal Miscellaneous Case is

disposed of in the following manner:

1. The petitioners are free to file a discharge

petition before the jurisdictional court

within thirty days from the date of receipt

of a stamped certified copy of this order, if

charge is not framed.

2. Once such a discharge petition is received,

the jurisdictional court will consider the

same and pass appropriate orders in it,

after giving an opportunity of hearing to

the petitioners and the Prosecutor

concerned, as expeditiously as possible, at

any rate, within a period of six weeks from

the date of receipt of the discharge

petition.

3. If a discharge petition is filed as directed

2024:KER:82954 above, the presence of the petitioners shall

not be insisted, till final orders are passed

in the discharge petition.

4. All the contentions raised by the

petitioners in this criminal miscellaneous

case are left open and the petitioners are

free to agitate the same in the discharge

petition.

5. Registry will forward a copy of this order

to the jurisdictional court forthwith.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:82954

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF FINAL REPORT IN CC NO 1057/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 ATTINGAL