Anisha Vs. the State of Kerala

Anisha vs The State of Kerala

Type Court Judgment Court Kerala Decided Jun 02, 2014

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https://sooperkanoon.com/case/1143442

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Citation: sooperkanoon.com/1143442
Court: Kerala High Court
Judge: Honourable Mr.Justice N.K.Balakrishnan
Decided On: Jun 02, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Anisha

Respondent

The State of Kerala

Excerpt

.....copy of the complaint given to the assistant commissioner of police,thrikkakara. annexure a2 : true copy of the petition dated2009.2012 filed before the court of the judicial magistrate of the first class - ii, aluva. annexure a3 : true copy of the order dated0410.2012 of the court of the judicial magistrate of the first class - ii, aluva, in m.p.no.2222 of 2012 in c.c. no.281 of2009 annexure a4 : true copy of the undated report submitted by the1t respondent and received by the learned magisrtate on2103.2013. annexure a5 : true copy of the petition dated2103.2013 filed before the lower court as m.p no.743 of2013 annexure a6 : true copy of the proceedings from0603.2013 to1501.2014 in c.c.no.281 of2009 respondent's annexures:- nil. //true copy// p.a. to judge rs. n.k. balakrishnan, j.------------------------------------------ crl.m.c. no. 1377 of 2014 ------------------------------------------ dated this the 2nd day of june, 2014 order it is submitted by the learned public prosecutor that, though further investigation was allowed to be conducted, the complainant (cw1) and her father (cw2) did not appear before the investigating officer to give further statement and so further report could not be filed.2. the learned counsel for the petitioner submits that at the time of filing the application and thereafter cw1 was here (in the native place only), but at present, she is abroad and that she will reach the native place during the 1st week of july.3. if, cw1 and cw2 appear before the investigating officer, the investigating officer will certainly record further statement and file report within two months from today, the learned public prosecutor submits. crl.m.c. no. 1377/2014 -2- 4. cw1 and cw2 will comply with the direction if they want to give further statement. if they do not appear for giving further statement during july, 2014, the investigating officer is at liberty to file the report without getting further statement from cw1 and cw2. the investigating officer.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE2D DAY OF JUNE201412TH JYAISHTA, 1936 CRL.MC.NO. 1377 OF2014() --------------------------- CC.NO.281/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. .......... PETITIONER/DEFACTO COMPLAINANT: ---------------------------------------------------------- ANISHA, D/O.COLONEL (RETD.) V.S.M. MAKKAR, HOUSE NO.18/103A, THIRUNILATH ROAD, COCHIN UNIVERSITY P.O., KALAMASSERY - 682 022. BY ADV. SRI.ASHIK K.MOHAMMED ALI. RESPONDENTS/STATE & ACCUSED NOS. 1 TO8 ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION IN ERNAKULAM DISTRICT, IN CRIME NO.755 OF 2009 OF THE KALAMASSERY, POLICE STATION (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA).

2. P. SHAMSHAD, S/O. K.I. PAREED, 10/383, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR - 683 556.

3. K.I. PAREED, S/O.IBRAHIM, 10/383, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA PO., PERUMBAVOOR - 683 556.

4. KUNJUBEEVI PAREED, W/O.K.I. PAREED, 10/383, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA PO., PERUMBAVOOR - 683 556 5. K.P. SHAJITHA, W/O. K.K. ANSAR, KANAVARA VEEDU, PANAIKULAM - 683 511.

6. K.K. ANSAR, KANAVARA VEEDU, PANAIKULAM - 683 511.

7. K.P. SHANAVAS, S/O.K.I. PAREED, 10/383, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA PO., PERUMBAVOOR - 683 556. CRL.MC.NO. 1377 OF20148. K.P. ANEESA SHANAVAS, W/O.K.P.SHANAVAS, 10/383, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA P.O.,PERUMBAVOOR - 683 556.

9. K.P. SHAMEENA, W/O. NISHAD IBRAHIM, NEAR ALUVA U.C. COLLEGE, KADUNGALLOOR, ALUVA - 683 102. R1 BY PUBLIC PROSECUTOR MR.DHANESH MATHEW MANJOORAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. CRL.MC.NO. 1377 OF 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 : TRUE COPY OF THE COMPLAINT GIVEN TO THE ASSISTANT COMMISSIONER OF POLICE,THRIKKAKARA. ANNEXURE A2 : TRUE COPY OF THE PETITION DATED2009.2012 FILED BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS - II, ALUVA. ANNEXURE A3 : TRUE COPY OF THE ORDER

DATED0410.2012 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS - II, ALUVA, IN M.P.NO.2222 OF 2012 IN C.C. NO.281 OF2009 ANNEXURE A4 : TRUE COPY OF THE UNDATED REPORT SUBMITTED BY THE1T RESPONDENT AND RECEIVED BY THE LEARNED MAGISRTATE ON2103.2013. ANNEXURE A5 : TRUE COPY OF THE PETITION DATED2103.2013 FILED BEFORE THE LOWER COURT AS M.P NO.743 OF2013 ANNEXURE A6 : TRUE COPY OF THE PROCEEDINGS FROM0603.2013 TO1501.2014 IN C.C.NO.281 OF2009 RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. N.K. BALAKRISHNAN, J.

------------------------------------------ Crl.M.C. No. 1377 of 2014 ------------------------------------------ Dated this the 2nd day of June, 2014 ORDER

It is submitted by the learned Public Prosecutor that, though further investigation was allowed to be conducted, the complainant (CW1) and her father (CW2) did not appear before the Investigating Officer to give further statement and so further report could not be filed.

2. The learned counsel for the petitioner submits that at the time of filing the application and thereafter CW1 was here (in the native place only), but at present, she is abroad and that she will reach the native place during the 1st week of July.

3. If, CW1 and CW2 appear before the Investigating Officer, the Investigating Officer will certainly record further statement and file report within two months from today, the learned Public Prosecutor submits. Crl.M.C. No. 1377/2014 -2- 4. CW1 and CW2 will comply with the direction if they want to give further statement. If they do not appear for giving further statement during July, 2014, the Investigating Officer is at liberty to file the report without getting further statement from CW1 and CW2. The Investigating Officer shall file the report before the Judicial First Class Magistrate-II, Aluva, to that effect so that the learned Magistrate can proceed with the matter.

5. Execution of the warrants, if any, issued against CW1 and CW2 shall be kept in abeyance for two months from today. This petition is disposed of as above. Sd/- N.K. BALAKRISHNAN, JUDGE jjj

Same Court & Year Kerala · 2014 Same Parties Anisha vs The State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice N.K.Balakrishnan

Land Acquisition Public prosecutor magistrate court Police Station lower court First class Received by high court