Faisal vs State Of Kerala
2024 Latest Caselaw 30401 Ker

Kerala High Court

Faisal vs State Of Kerala on 25 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.6219 of 2018
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                           CRL.MC NO. 6219 OF 2018

CRIME NO.808/2016 OF KASARAGOD POLICE STATION, KASARGOD

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.54 OF

2017 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD

PETITIONERS/ACCUSED 1 TO 4:

     1       FAISAL
             AGED 33 YEARS, S/O. P. ABBAS, RESIDING AT
             MANHANKAL HOUSE, PERUMBALA, KASARGOD.

     2       P. ABBAS
             AGED 66 YEARS, S/O.ABDUL RAHMIAN, RESIDING AT
             MANHANKAL HOUSE, PERUMBALA, KASARAGOD.

     3       ZAINABA
             AGED 57 YEARS, W/O. P.ABBAS, RESIDING AT
             MANHANKAL HOUSE, PERUMBALA, KASARAGOD.

     4       THAHIRA
             AGED 39 YEARS, W/O.ABDUL RAHIMAN,BELUR HOUSE,
             ERIYAL, KUDLU, KASARAGOD DISTRICT.


             BY ADVS.
             M.S.IMTHIYAZ AHAMMED
             SHIRAZ ABDULLA
 Crl.M.C. No.6219 of 2018
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RESPONDENTS/DEFACTO COMPLAINANT:

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

     2       KHADEEJATHUL BUSHRA
             AGED 28 YEARS OF AGE, D/O.D.A.MOOSAKUNHI,
             RESIDING AT RIFAHI MANZIL, MAIMOONA NAGAR,
             MOGRAL PUTHUR POST, KASARGOD DISTRICT-671121.



BY ADVS.:

             SRI.RENJITH.T.R, SR.PP
             SRI.SHERRY J. THOMAS

         THIS    CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.6219 of 2018
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                     P.V.KUNHIKRISHNAN, J.
                 ----------------------------------------
                    Crl.M.C. No.6219 of 2018
                -----------------------------------------
            Dated this the 25th day of October, 2024



                           ORDER

This Criminal Miscellaneous Case is filed to

quash the Final Report in CC No.54/2017 on the file

of Chief Judicial Magistrate Court, Kasargod, arising

from Crime No.808/2016 of Kasargod Police Station.

The above case is charge sheeted against the

petitioners alleging offences punishable under

Sections 143, 323, 498A, 420, 506(i) r/w 34 of IPC.

2. Different contentions are raised by the

petitioners in this Crl.MC and the counsel for the

petitioners submitted that, even if the entire

allegations are accepted, the prosecution is

2024:KER:79650

unsustainable.

3. But, as per the e-court service website, the

case is now transferred to Judicial First Class

Magistrate-II, Kasargod and the evidence is already

started in the case. Non-bailable warrant is issued

to the Charge Witnesses. Since the evidence is

already started, I am of the considered opinion that

the contentions raised by the petitioners need not

be considered by this Court. 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.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

                                      P.V.KUNHIKRISHNAN
nvj                                         JUDGE






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PETITIONER ANNEXURES

ANNEXURE A                 COPY OF THE FIR

ANNEXURE B                 COPY OF THE FINAL REPORT

ANNEXURE C                 COPY OF THE VISA

ANNEXURE C1                COPY OF THE ENG.TRANSLATION

ANNEXURE D                 COPY OF THE LAWYER NOTICE

Annexure E                 A TRUE COPY OF THE COMPLAINT DTD
                           28-06-2016        FILED        BEFORE

SUPERINTENDENT OF POLICE, KASARGOD AND STATEMENT OF DEFACTO COMPLAINANT

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE