Kerala High Court
Mohammed Rasheed vs State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:83224
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 1725 OF 2017
CRIME NO.1740/2013 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED IN CC NO.705 OF 2009 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1 MOHAMMED RASHEED
S/O MUHAMMAD KANNU, RESIDING AT T.C 37/145(OLD
T.C.44/1762(1), PADMA NAGAR,FORT WARD, VANCHIYOOR
VILLAGE,THIRUVANANTHAPURAM.
PIN- 695 023.
2 SHAMEER
S/O NAZARUDEEN, RESIDING AT KARUMKUTTY PUTHEN
VEEDU,VALIKKODU DESOM, NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM.
PIN- 695 541.
3 SHAHANAZMUDEEN
S/O NAZUMUDEEN, RESIDING AT BIBILLA
HOUSE,KULAVIYODE, THEKKUMKARA
MURI,PATTAMKALLU,NEDUMANGAD
VILLAGE,THIRUVANANTHAPURAM.
PIN- 695 541.
4 RASHIH
S/O ASHARAF, RESIDING AT SYAMILI MANZIL,KUNNATHU,
VALIKKODU, NEDUMANGAD VILLAGE,THIRUVANANTHAPURAM.
PIPN- 695 541.
5 HASHIM RASHID
S/O ABDUL RASHEED, RESIDING AT T.C NO.37/145,(OLD
T.C 44/1762(1), PUTHUVAL PUTHEN VEEDU,PADMA NAGAR,
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CRL.MC NO.1725 OF 2017
2
FORT WARD,VANCHIYOOR VILLAGE,THIRUVANANTHAPURAM.
PIN- 695 035.
BY ADVS.
SRI.R.S.KALKURA
SMT.R.BINDU
SRI.HARISH GOPINATH
SRI.M.S.KALESH
SRI.P.I.NAJUMAL HUSSAIN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,FORT POLICE
STATION, THIRUVANANTHAPURAM.THORUGH THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2 S.K. SANTHOSH
S/O KUMARAN, PLOT NO.56, PADMA NAGAR,VANCHIYOOR
VILLAGE, THIRUVANANTHAPURAM.695035.
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN(K/189/2004.)
U.M.HASSAN(K/00033/2016)
BINCY JOB(K/001080/2017)
SALMAN FARIS(K/002563/2022)
OTHER PRESENT:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO.1725 OF 2017
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.1725 of 2017
----------------------------------------------
Dated this the 07th day of November, 2024
ORDER
This Crl.M.C is filed challenging the final
report in CC No.336/2014 on the files of Judicial
First Class Magistrate Court-II, Thiruvananthapuram,
arising from Crime No. 1740/2013 of Fort Police
Station, Thiruvananthapuram. The above case is
charge sheeted against the petitioners alleging
offences punishable under Sections 143, 147, 451,
427 and 506(i) read with Section 149 of the Indian
Penal Code. Different contentions are raised before
this Court. According to the petitioners, Section
451 of the Indian Penal Code is not attracted and
the counsel relied the judgment of Delhi High Court
in Seema Gupta v. State & Anr [2012 0 Supreme (Del)
2935]. The counsel also submitted that Section 427
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is also not attracted because there is a dispute
regarding the title of the property between the
petitioners and the defacto complainant. That itself
shows that there is a civil dispute and hence, the
offence is not made out is the submission. The
counsel for the defacto complainant and the Public
Prosecutor submitted that the contentions raised by
the petitioners are all matters of evidence.
2. After hearing the counsel for the
petitioners and the respondents, I am of the
considered opinion that the contentions raised by
the petitioners can be raised before the trial court
at the appropriate stage.
3. Considering the facts and
circumstances of the case, I am of the considered
opinion that petitioners can be exempted from
personal appearance, if such an application to that
effect is filed before the trial court.
Therefore, this Crl.M.C is disposed of with
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CRL.MC NO.1725 OF 2017
following directions
1. All the contentions raised by the
petitioners are left open and the petitioners are
free to agitate the same before the trial court at
the appropriate stage.
2. The petitioners are free to file an
application for personal exemption from appearance
before the trial court within 30 days, and if such
an application is filed, the learned Magistrate will
allow the same on condition that the petitioners
will appear on posting date on which their presence
is inevitable.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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CRL.MC NO.1725 OF 2017
PETITIONERS' ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF FIR NO.1740/2013
REGISTERED BY THE FORT POLICE STATION,
THIRUVANANTHAPURAM.
ANNEXURE A2 CERTIFIED COPY OF THE CHARGESHEET
SUBMITTED IN THE CRIME NO.1740/2013 OF
FORT POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 24.5.2012 OF
THIS HON'BLE COURT IN WRIT PETITION
(CIVIL) NO.20899 OF 2007.
ANNEXURE A4 TRUE COPY OF THE JUDGMENT DATED 23.6.1997
IN O.S NO.132 OF 1996 OF THE 3RD
ADDITIONAL MUNSIFF'S COURT, TRIVANDRUM.
ANNEXURE A5 TRUE COPY OF THE JUDGMENT DATED 23.6.1997
IN W.A NO.1265 OF 2014.
ANNEXURE A6 A TRUE COPY OF THE JUDGMENT DATED
22.8.2011 OF THIS HON'BLE COURT IN WPC
NO.2171/2009.
ANNEXURE A7 TRUE COPY OF THE LETTER DATED 6.1.2012
ADDRESSED BY THE HOME DEPARTMENT,
GOVERNMENT OF KERALA, TO THE DISTRICT
COLLECTOR, THIRUVANANTHAPURAM.
