Hamza Saqafi vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 03, 2023

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Citation: sooperkanoon.com/1345311
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 03, 2023
Case Number: Crl.MC/5019/2017

Parties & Advocates

Appellant / Petitioner

Hamza Saqafi

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas tuesday, the 3rd day of january 2023 / 13th pousha, 1944 crl.mc no. 5019 of 2017 against the order/judgment in m.c.no.46/2017 of sub divisional magistrate, perinthalmannapetitioner/counter petitioner: hamza saqafi, aged 50 years s/o. alavi (late), mangalassery house, manhappetty, koorad p.o., nilambur taluk, malappuram district. by advs. sri.p.samsudin smt.anju cletus sri.jithin lukose respondent/complainant : state of kerala represented by the public prosecutor, high court of kerala, ernakulam - 682 031. pp smt.m.k pushpalatha this criminal misc. case having come up for admission on 03.01.2023, the court on the same day passed the following: crl.mc 5019 of 2017 bechu kurian thomas, j ......….................................. crl.m.c.no.5019 of 2017 ….................................. dated this the 3 rd day of january, 2023orderpetitioner challenges annexure-a1 order dated 30.05.2017 issued under section 107 of cr.p.c, directing the petitioner to show cause as to why he should not be ordered to execute a bond for keeping peace for a period of one year.2. on 21.07.2017, this court had granted an interim orderstaying the execution of the bond which was in force till 19.02.2019. thereafter the interim order has not been extended. the period stipulated for keeping peace has also expired in the meantime.3. in view of the above, this crl.m.c., has becomeinfructuous and the same is dismissed as infructuous. however, liberty is granted to the petitioner to move afresh, if circumstances so arise. sd/- bechu kurian thomas judge amv/04/01/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 CRL.MC NO. 5019 OF 2017 AGAINST THE ORDER/JUDGMENT IN M.C.NO.46/2017 OF SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA
PETITIONER/COUNTER PETITIONER: HAMZA SAQAFI, AGED 50 YEARS S/O. ALAVI (LATE), MANGALASSERY HOUSE, MANHAPPETTY, KOORAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.P.SAMSUDIN SMT.ANJU CLETUS SRI.JITHIN LUKOSE RESPONDENT/COMPLAINANT : STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. PP SMT.M.K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC 5019 OF 2017 BECHU KURIAN THOMAS, J ......….................................. CRL.M.C.No.5019 of 2017 ….................................. Dated this the 3 rd day of January, 2023

ORDER

Petitioner challenges Annexure-A1 order dated 30.05.2017 issued under Section 107 of Cr.P.C, directing the petitioner to show cause as to why he should not be ordered to execute a bond for keeping peace for a period of one year.

2. On 21.07.2017, this Court had granted an interim order

staying the execution of the bond which was in force till 19.02.2019. Thereafter the interim order has not been extended. The period stipulated for keeping peace has also expired in the meantime.

3. In view of the above, this Crl.M.C., has become

infructuous and the same is dismissed as infructuous. However, liberty is granted to the petitioner to move afresh, if circumstances so arise. Sd/- BECHU KURIAN THOMAS JUDGE AMV/04/01/2023

Same Court & Year Kerala · 2023 Same Parties Hamza Saqafi vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas