Sunil vs Mohammed Basheer

SUNIL vs Mohammed Basheer

Type Court Judgment Court Kerala Decided Jul 31, 2024

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https://sooperkanoon.com/case/1289190

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Citation: sooperkanoon.com/1289190
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 31, 2024
Case Number: Crl.MC/36/2015
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

SUNIL

Respondent

Mohammed Basheer

Excerpt

.....refused to appear before the trial court.3. this court need not exercise thediscretionary jurisdiction under section 482 cr.p.c. to an absconding accused. the petitioner is free to surrender before the trial court and file a discharge petition before the trial court. if such a discharge petition is filed, after surrendering before the trial court, the learned magistrate will consider the same and pass appropriate orders, in accordance with law. with the above observation, this criminal miscellaneous case is disposed of. all the contentions raised by the petitioner in this criminal miscellaneous case are left open. forward a copy of this order to the trial court. sd/- p.v.kunhikrishnan judge nvj appendix of crl.mc 36/2015 petitioner annexuresannexure a1: true copy of the complaint dated 21/07/2014 filed by the 1st respondent as cmp no. 13382 of 2007. annexure a2: true copy of the first information report no. annexure a3: the final report dated 25/11/2007 along with the statements receorded under section 161 of crpc and the mahazar dated respondent. annexure a4: true copy of theorder dated 02/03/2010 of judicialfirst class magistrate court-i, thodupuzha. respondents exhibits: nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRL.MC NO. 36 OF 2015 CRIME NO.174/2007 OF KALIYAR POLICE STATION, IDUKKI AGAINST THE ORDER/JUDGMENT DATED IN LP NO.21 OF 2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES), THODUPUZHA PETITIONER/THIRD ACCUSED: SUNIL S/O.SAMBASIVAN, JANAKEE NIVAS, MANGATTUR KARAM MANGATTUR VILLAGE, KOLLAM TALUK, NOW RESIDING AT V.V.NIVAS, EDAKKULANGARA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 691 562. BY ADVS. SMT.SARITHA THOMAS SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENTS/COMPLAINANT & STATE: 1 MOHAMMED BASHEER S/O.KOCHU THAMPI RAWTHER, THOTTUNGAL HOUSE, VANNAMPURA KARA, VANNAMPURA VILLAGE, THODUPUZHA TALUK, VANNAMPURAM P.O. - 685 582. 2 STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KALIYAR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3 DEPUTY SUPERINTENDENT OF POLICE THODUPUZHA - 685 584. BY ADV. SANGEETHARAJ N.R., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- ---------------------------------------------- Dated this the 31st day of July, 2024

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings against the petitioner which is pending as L.P. No.21/2011 before the Judicial First Class Magistrate Court, Thodupuzha.

2. When this Crl.MC came up for

consideration, this Court directed the Registry to get a report from the learned Magistrate. From the report, it is clear that, other accused except the petitioner surrendered before the court and the case is compounded against them and they were acquitted under Section 320(8) Cr.P.C. The warrant is pending against the petitioner for the last 10 years and the petitioner refused to appear before the trial court.

3. This Court need not exercise the

discretionary jurisdiction under Section 482 Cr.P.C. to an absconding accused. The petitioner is free to surrender before the trial court and file a discharge petition before the trial court. If such a discharge petition is filed, after surrendering before the trial court, the learned Magistrate will consider the same and pass appropriate orders, in accordance with law. With the above observation, this Criminal Miscellaneous Case is disposed of. All the contentions raised by the petitioner in this Criminal Miscellaneous Case are left open. Forward a copy of this order to the trial court. Sd/- P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 36/2015 PETITIONER ANNEXURES

ANNEXURE A1: TRUE COPY OF THE COMPLAINT DATED 21/07/2014 FILED BY THE 1ST RESPONDENT AS CMP NO. 13382 OF 2007. ANNEXURE A2: TRUE COPY OF THE FIRST INFORMATION REPORT NO. ANNEXURE A3: THE FINAL REPORT DATED 25/11/2007 ALONG WITH THE STATEMENTS RECEORDED UNDER SECTION 161 OF CRPC AND THE MAHAZAR DATED RESPONDENT. ANNEXURE A4: TRUE COPY OF THE

ORDER DATED 02/03/2010 OF JUDICIAL

FIRST CLASS MAGISTRATE COURT-I, THODUPUZHA. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2024 Same Parties SUNIL vs Mohammed Basheer Same Subject Land Acquisition Same Judge Honourable Mr. Justice P.V.Kunhikrishnan