Kerala High Court
Sumaij Kanhirat vs State Of Kerala on 3 October, 2024
2024:KER:73215
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 2480 OF 2023
CRIME NO.459/2022 OF THALASSERY POLICE STATION, KANNUR
CC NO.1416 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, THALASSERY
PETITIONER/1ST ACCUSED:
SUMAIJ KANHIRAT
AGED 36 YEARS
KANHIRAT HOUSE, VADAKARA,
KOZHIKKODE RURAL, PIN - 673103
BY ADVS.
BONNY BENNY
BEJOY JOSEPH P.J.
BALU TOM
GOVIND G. NAIR
SABU THOMAS
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 ZEHRA HAMDAN
AGED 32 YEARS
D/O MUHAMMED IQBAL, SS ROAD,
THALASSERY, CHIRAKKARA P. O,
KANNUR CITY, PIN - 670104
BY ADVS.
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
E.A.HARIS
P.C.NOUSHAD(K/285/1993)
M.A.AHAMMAD SAHEER(K/829/2013)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:73215
CRL.MC NO. 2480 OF 2023
ORDE R
Dated this the 3rd day of October, 2024
This Criminal Miscellaneous Case has been filed
under Section 482 of the Code of Criminal Procedure to
quash all further proceedings in Annexure A2 Final Report in
C.C.No.1416/2022 on the files of the Judicial First Class
Magistrate Court, Thalassery, arose out of crime
No.459/2022 of Thalassery Police Station, Kannur. The
petitioner herein is the first accused in the above case.
2. Heard the learned counsel for the petitioner,
the learned counsel for the defacto complainant and the
learned Public Prosecutor at length.
3. At the time of hearing, the learned counsel
for the petitioner would submit that the allegations are false
and none of the offences are made out prima facie. It is also
submitted that the defacto complainant has been abroad
after registering the case putting the petitioner in trouble.
Therefore, an early disposal of the matter would suffice to
2024:KER:73215
CRL.MC NO. 2480 OF 2023
address the grievance of the petitioner. Therefore, he
pressed for the said relief, after withdrawing the prayer for
quashment.
4. The learned counsel for the defacto
complainant and the learned Public Prosecutor did not
oppose the prayer.
In the result, this petition stands disposed of
directing the Judicial First Class Magistrate Court,
Thalassery, to expedite the disposal of C.C.No.1416/2022
within a period of four months from the date of receipt of a
copy of this order while disallowing prayer for quashment.
Registry is directed to forward a copy of this order to
the trial court for information and compliance.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
2024:KER:73215
CRL.MC NO. 2480 OF 2023
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME
NO.0459/2022 OF THE TELLICHERRY POLICE
STATION DATED 21.06.2022
ANNEXURE A2 THE TRUE COPY OF THE CHARGE IN CC
1416/2022 IN JUDICIAL FIRST CLASS
MAGISTRATE THALASSERY DATED 29.10.2022
ANNEXURE A3 THE PHOTOSTAT COPY OF THE JUDGMENT &
DECREE IN OP NO. 519/2022 DATED
27.08.2022
ANNEXURE A4 THE PHOTOSTAT COPY OF THE MC
NO.149/2022 FILED BEFORE THE HON.
FAMILY COURT, THALASSERY DATED
31.05.2022
ANNEXURE A5 THE TRUE COPY OF THE COMPLAINT FILED
BY THE 2ND RESPONDENT BEFORE THE
KERALA WOMEN'S COMMISSION DATED
26.02.2022
ANNEXURE A6 THE TRUE COPY OF THE NOTICE
NO.P3/967/KNR/2022 DATED 14.03.2022
ISSUED BY THE KERALA WOMEN'S
COMMISSION TO THE PETITIONER
RESPONDENTS ANNEXURES : NIL
