[Cites 2, Cited by 0]
Kerala High Court
M. Muhammed Ali vs State Of Kerala on 26 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:17436
CRL.MC NO. 1016 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
CRL.MC NO. 1016 OF 2026
CRIME NO.928/2019 OF Maranallor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.127 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,KATTAKADA
PETITIONER/ACCUSED:
M. MUHAMMED ALI
AGED 55 YEARS
S/O MUHAMMED HANEEFA ADILA MANZIL, NEAR
KOTTAYILKULAM, KANDALA, MARANALLOOR VILLAGE, KANDALA
P.O, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695512.
BY ADV SHRI.V.VENUGOPALAN NAIR
RESPONDENTS/STATE OF LATERAL AND ORS:
1 STATE OF KERALA
REPRESENTED BY PUBLICE PROCETOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695512
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1016 OF 2026
2
ORDER
Dated this the 26th day of February, 2026
The Criminal Miscellaneous Case is filed to quash
all further proceedings in C.C.No.127/2020 on the file of
the Court of Judicial First Class Magistrate, Kattakkada
('Trial Court', for short), which has originated from Crime
No. 928/2019 registered by the Maranalloor Police Station,
alleging the commission of the offences punishable under
Sections 447 and 427 of the Indian Penal Code.
2. The petitioner has stated in the Crl.M.C. that,
while he was working as a Senior Civil Police Officer, the
above false complaint was registered against him.
Although he had filed an application for discharge, the
same was dismissed. Then, due to the inordinate delay in
conducting the trial, the petitioner filed an application for
speedy trial. As no orders were passed on the application,
he filed W.P.(Crl.) No.798/2024 before this Court, which
was allowed. Consequently, the Trial Court, by Annexure
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CRL.MC NO. 1016 OF 2026
A3 order dated 17.09.2024, observed that the case would
be disposed within one year. Though the case was posted
on several dates, nothing had happened. Again, the
petitioner filed O.P.(Crl.) No.548/2025 for speedy trial. By
Annexure A5 judgment, this Court directed the Trial Court
to dispose of the case as observed in Annexure A3 order.
Due to the pendency of the case, the petitioner's job
prospects are severely affected. Even though he was
included in the select list, his promotion has been
withheld. Considering the peculiar facts and circumstances
of the case, including the inordinate delay in completing
the trial, this Court may quash the entire proceedings.
3. Pursuant to the order passed by this Court, the
Trial Court, by communication dated 21.02.2026, has
informed this Court that C.C No.127/2020 is being tried
along with C.C. No.94/2020 and two other cases. Though
this Court had directed the Trial Court to dispose of the
case within one year, as observed in Annexure A3 order,
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CRL.MC NO. 1016 OF 2026
the same could not be completed within the stipulated
time period. The Trial Court has not sought for any
extension of the time period. Earnest effort would be made
to dispose of the case as expeditiously as possible along
with the connected cases.
4. The principal grievance of the petitioner is that,
despite the Trial Court undertaking that the case would
be disposed of within one year, the same has not been
done till date.
5. A reading of the allegations in Annexure A1 final
report, in unequivocal terms, substantiate that the
offences alleged against the petitioner prima facie stand
attracted. Moreover, his application for discharge was
dismissed, and the same is not challenged. Therefore, I am
not inclined to quash the proceedings. Furthermore, the
proceedings cannot be quashed on the ground of delay
because in Annexure A3 order, the Trial Court has
observed to expedite the trial within a year, subject to the
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CRL.MC NO. 1016 OF 2026
disposal of the connected cases.
On a consideration of Annexure A3 order and the
present report of the Trial Court, I direct the Trial Court to
consider and dispose C.C.No.127/2020, in accordance with
law and as expeditiously as possible, at any rate, within
three months from today, if no further extension of time is
granted by this Court, enlarging the time period fixed by
this Court in Annexure A5 judgment. The Trial Court shall
file an application for extension of time, because, it is on
the basis of the directions of this Court that the Trial
Court fixed the time period of one year to dispose the case.
SD/-
C.S.DIAS, JUDGE
rmm 26/02/2026
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CRL.MC NO. 1016 OF 2026
APPENDIX OF CRL.MC NO. 1016 OF 2026
PETITIONER ANNEXURES
AnnexureA1 A CERTIFIED COPY OF THE FINAL REPORT DTD
9-4-2022 IN CRIME NO. 928/2019 OF
MARANALLOOR POLICE STATION
AnnexureA2 A TRUE COPY OF THE SAID COMPLAINT DTD 16-
6-2019 SUBMITTED BY THE PETITIONER BEFORE
THE CI OF POLICE MARANALLOOR POLICE
STATION
AnnexureA3 A TRUE COPY OF THE ORDER OF THE COURT
BELOW IN CMP 770/ 24 DTD 17-9-24
AnnexureA4 A TRUE COPY OF THE JUDGEMENT DTD 16-8 2024
IN W.P(CRL) 798/2024
AnnexureA5 A TRUE COPY OF THE ORDER O.P(CRL )548OF
2025DTD 14/8/2025
AnnexureA6 A RUE COPY OF THE DEPOSITION OF CW-1 IN CC
127/ 2020 PENDING BEFORE THE HON'BLE JFMC
KATTAKKADA DTD 17-10-2025
AnnexureA7 A RUE COPY OF THE DEPOSITION OF PW-2 DTD
7-11-2025
AnnexureA8 A RUE COPY OF THE DEPOSITION OF PW-3 DTD7-
11-2025
Annexure A9 TRUE COPY OF THE COURT PROCEEDING IN CC
127 OF 2020 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KATTAKADA,
Annexure A10 TRUE COPY OF PHOTOGRAPHS,
