Nisamudeen vs State Of Kerala
2024 Latest Caselaw 32731 Ker

Kerala High Court

Nisamudeen vs State Of Kerala on 12 November, 2024

Author: K. Babu

Bench: K. Babu

                                                    2024:KER:84276
O.P.(Crl) No.738 of 2024

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE K. BABU

   TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA,

                                 1946

                       OP(CRL.) NO. 738 OF 2024

 CRIME NO.848/2021 OF Poochakkal Police Station, Alappuzha

         IN SC NO.1200 OF 2022 OF ADDITIONAL DISTRICT COURT &

                  SESSIONS COURT - III, ALAPPUZHA

PETITIONER/ACCUSED:

            NISAMUDEEN,
            AGED 28 YEARS,
            S/O MANAF, KANNANTHARACHIRA HOUSE,
            NADUVATH NAGAR P.O., AROOKKUTTY,
            ALAPPUZHA, PIN - 688526


            BY ADVS.
            SRI.C.Y.VINOD KUMAR
            SRI.C.ANILKUMAR (KALLESSERIL)
            SRI.P.M.MANASH


RESPONDENTS/STATE & INVESTIGATING OFFICER:

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

     2      STATION HOUSE OFFICER,
            POOCHAKKAL POLICE STATION,
            POOCHAKKAL,
            PANAVALLY, ALAPPUZHA,
            PIN - 688526
                                                        2024:KER:84276
O.P.(Crl) No.738 of 2024

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             BY ADV.
             SRI.G.SUDHEER, PP



      THIS    OP   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                   2024:KER:84276
O.P.(Crl) No.738 of 2024

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                                  K.BABU, J.
                    -------------------------------------------
                        O.P.(Crl) No.738 of 2024
                ---------------------------------------------
            Dated this the 12th day of November, 2024
                                  JUDGMENT

The prayers in this Original Petition filed under Article 227

of the Constitution of India are as follows:

"i. Issue a direction, directing the Hon'ble Additional District & Sessions Court-III, Alappuzha to postpone the trial of the case in S.C.No.1200/22 till the receipt of FSL report by the trial court and the petitioner/accused; ii. Issue a direction to the 2 nd respondent to obtain FSL Report in S.C.No.1200/22 on the files of Hon'ble Additional District & Sessions Court-III, Alappuzha from the Director, FSL Kochi immediately;

iii. This Hon'ble Court may be pleased to dispense with the production of English Translation of Malayalam Exhibits;

iv. Grant such other and further relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of this case."

It is submitted that the FSL report has been received by the

Trial Court. Therefore, the Original Petition has become

infructuous.

The Original Petition is closed as infructuous.

Sd/-

K.BABU JUDGE VPK 2024:KER:84276

APPENDIX OF OP(CRL.) 738/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FINAL REPORT IN SC NO.

1200/2022 ON THE FILES OF THE HON'BLE ADDITIONAL DISTRICT & SESSIONS COURT - III, ALAPPUZHA