Kerala High Court
Sartaj Hassan vs State Of Kerala on 10 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.7241 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 7241 OF 2018
AGAINST THE ORDER/JUDGMENT DATED 26.07.2018 IN
CMP NO.370 OF 2018 OF DISTRICT COURT & SESSIONS
COURT,KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT DATED
IN MC NO.66 OF 2012 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, PAYYOLI
PETITIONER/PETITIONER/APPELLANT/RESPONDENT:
SARTAJ HASSAN
AGED 38 YEARS, S/O. HASSANKOYA, KIZHAKKAYIL
HOUSE (DEODHAR MANZIL), VERLUR AMSOM DESOM,
P.O.ATHOLI, KOYILANDY, REP. BY POWER OF
ATTORNEY HOLDER, THAHANOON.H., AGED 28, S/O.
HASSANKOYA, DEODHAR MANZIL, VERLUR AMSOM
DESOM, P.O.ATHOLI, KOYILANDY TALUK,
KOZHIKODE - 673 315.
BY ADV SRINATH GIRISH
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
Crl.M.C. No.7241 of 2018
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2 JASLIN,
D/O HAMSA, AGED 23, MANNARCHALIL HOUSE,
THRIKKOTTUR AMSOM, PALUR DESOM, KOYILANDY
TALUK, KOZHIKODE - 673 529
BY ADVS.
SRI. RENJITH T.R., SR.PP
SRI.ABRAHAM P.GEORGE - R2
SMT.M.SANTHY - R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.7241 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.7241 of 2018
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Dated this the 10th day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed against
Annexures A2 and A3 orders.
2. The petitioner suffered an order from the
Judicial First Class Magistrate Court, Payyoli in MC
No.66/2012 as evident by Annexure-1. Aggrieved by
the same, the petitioner filed an appeal before the
Sessions Court, Kozhikode with a delay condonation
petition. The learned Sessions Judge allowed the delay
petition with certain conditions. The conditions was not
complied with and consequently, the appeal was
dismissed as per Annexure-3 order. Aggrieved by the
same, this Crl.MC is filed.
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3. Heard the learned counsel appearing for the
petitioner and the learned counsel for the 2 nd
respondent.
4. When this Crl.MC came up for consideration
on 30.10.2018, this Court passed the following order:
"Heard. Issue notice to the 2nd respondent by
speed post. Learned Public Prosecutor takes notice for
the 1st respondent. Post on 30.11.2018.
According to the petitioner, the total arrears
calculated is about ₹.7,00,000/-. According to the
counsel, the direction to pay the entire arrears as a
condition for condoning the delay of 87 days, is
excessive. In principle I agree with that. Hence, there
will be an interim stay of all proceedings in execution
of order dated 24.10.2017 in M.C. No.66/2012 of
Judicial First Class Magistrate Court, Payyoli, till
30.11.2018, on condition that the petitioner deposits a
sum of ₹1,00,000/- (Rupees one lakh only) before the
trial court within one month from today and produce
proof before this Court. If the amount is deposited, it
shall be released to the 2nd respondent. If the above
condition is not complied with, the stay will stand
automatically vacated.
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Post on 30.11.2018 for reporting compliance."
5. It is submitted that the amount is already
deposited as directed by this Court. If that be the case,
I am of the considered opinion that the impugned
orders can be set aside and there can be a direction to
consider the appeal on merit.
Therefore, this Criminal Miscellaneous Case is
allowed in the following manner:
1. Annexures 2 and 3 orders are set aside.
2. The Session Court, Kozhikode is directed to
number the Crl. Appeal filed against
Annexure-1 order and pass appropriate
orders in it, as expeditiously as possible,
after hearing both sides, in accordance with
law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED
24.10.2017 IN M.C. 66/2012 ON THE
FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE PAYYOLI
ANNEXURE 2 CERTIFIED COPY OF THE ORDER DATED
26.7.2018 IN C.M.P. NO. 370/2018 IN
UNNUMBERED CRL. APPEAL/2018 ON THE
FILE OF THE COURT OF SESSION,
KOZHIKODE DIVISION
ANNEXURE 3 CERTIFIED COPY OF THE ORDER DATED
19.9.2018 IN C.M.P. NO. 370/2018 IN
UNNUMBERED CRL. APPEAL /2018 ON THE
FILE OF THE COURT OF SESSION,
KOZHIKODE DIVISION
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
