K.P.Sayedalavi Haji v. Mohammed Shareef

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Crl.MC.No. 3087 of 2015 () --------------------------- CC.NO. 680/2010 AND CC.NO. 1195/2011 OF MAGISTRATE COURT, PARAPPANANGADI ------------------- PETITIONER/PETITIONER :

---------------------------------------- K.P.SAYEDALAVI HAJI AGED 74 YEARS, S/O.ABDULLAKUTTY MUSALIAR, S.M. ROAD, CHEMMAD, THIRURANGADI TALUK, THRIKKULAM AMSOM, DESOM P.O., THIRURANGADI.

BY ADV. SMT.BIMALA BABY RESPONDENTS/RESPONDENTS :

--------------------------------------------------

1. MOHAMMED SHAREEF S/O. KALLOOPARAMBAN HAJI ABDURAHIM, THIRURANGADI CHEMMAD P.O., THRIKKULAM DESOM, THIRURANGANDI TALUK, KOZHIKODE.

2. AHRAF S/O. KALLOOPARAMBAN HAJI ABDURAHIM, THIRURANGADI CHEMMAD P.O., THRIKKULAM DESOM, THIRURANGADI TALUK KOZHIKODE.

3. AMINAKUTTY W/O. KALLOOPARAMBAN HAJI ABDURAHIM, THIRURANGADI CHEMMAD P.O., THRIKKULAM DESOM, THIRURANGADI TALUK KOZHIKODE.

4. SATHAR, S/O.PULLATT MOIDEEN HAJI, THIRURANGADI, CHEMMAD P.O., THRIKKULAM DESOM, THIRURANGADI TALUK, KOZHIKODE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 3087 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE 1 TRUE COPY OF THE FINAL REPORT CC.NO. 680/10. ANNEXURE 2 TRUE COPY OF THE COMPLAINT IN CC. NO. 1195/20111 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3087 of 2015 ================== Dated this the 23rd day of June, 2015

O R D E R

The prayer in this Crl.M.C. is as follows:

"....... direct the learned Magistrate, Parappanangadi to try and dispose of Crime No. 680/10 and C.C.No. 1195/11 at the earliest or within such time as this Hon'ble Court may deem fit and proper in the interest of justice."

2.

As directed by this Court, the Judicial First Class Magistrate's Court-I, Parappanangadi, has submitted report dated 15.6.2015 before the Registry of this Court. In the said report, it is stated by the learned Magistrate that C.C.No.680/2010 is a case charge sheeted by the Station House Officer, Tirurangadi Police Station for offences punishable under Secs.447 and 427 read with Sec.34 of the I.P.C., wherein the petitioner herein is the defacto complainant. It is further pointed out in the said report that there is a connected private criminal complaint filed by the defacto complainant in connection with the same incident, viz., C.C.No.1195 /2011 pending before the said court arraying two more persons as accused, besides those in C.C.No. 680/2010. It is pointed out that attempts could be made to dispose of C.C.No.680/2010 within

- : 2 :- three months, if the said complainant CW-1 co-operates. 4.

The learned counsel for the petitioner also submits that appropriate directions may be given to finally dispose of C.C.No. 1195/2011 pending before the court below without any further delay.

5.

Heard.

6.

Considering the facts and circumstances of this case it is ordered in the interest of justice that the Judicial First Class Magistrate's Court-I, Parappanangadi to take all reasonable endeavours possible under the circumstances to ensure that these two Calendar Cases, C.C.Nos.680/2010 as well as C.C.No.1195/ 2011 are disposed of without much delay. The court below will endeavour to dispose of the same at least within a period of three to six months from the date of receipt of a certified copy of this order, provided all the parties concerned and the witnesses fully cooperate in that regard. With these observations and directions, the Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

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