Omana vs State of Kerala

OMANA vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 31, 2023

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https://sooperkanoon.com/case/1356417

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Citation: sooperkanoon.com/1356417
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Oct 31, 2023
Case Number: WP(Crl.)/395/2023

Parties & Advocates

Appellant / Petitioner

OMANA

Respondent

State of Kerala

Excerpt

.....no.403/2008 of pala police station and produce him before the sessions court so as to prosecute him as expeditiously as possible, to secure the ends of justice ;(ii) grant such other reliefs as this hon'ble court deems fit and necessary in the facts and circumstances of the case ; and(iii) petitioner also prays that this hon'ble court may be pleased to dispense with the translation of the documents produced in the vernacular language.”2. the learned public prosecutor submits, withreference to the memo filed in this court enclosing there with the report filed by the station house officer, pala police station, that every possible step has been taken to apprehend the accused in the case. paragraphs 3 and 4 of the report filed by the station house officer, pala police station, on 13.06.2023 read as follows : “3. it is humbly submitted that, in wp(crl) no.395/2023 3continuation to the efforts made to trace out and to enable the arrest and extradition of the accused mr.yahya khan, s/o.peer muhammed, an open warrant arrest against him was obtained from hon'ble district & sessions court, kottayam and requests have been submitted to the interpol liaison officer, cbcid hq, through proper channel for the issuance of blue notice as well as red notice. copy of the open warrant and the request for interpol notices are attached herewith as annexure ..(i) & ..annexure ...(ii).4. it is also submitted that request wasmade to the registrar general, thiruvananthapuram seeking, whether the instant accused has been in possession of any property (movable or immovable or both) in kerala. copy of the request sent to the registrar general, thiruvananthapuram is enclosed herewith as annexures …..(iii).”3. the report filed by the station house officer, palapolice station, will show that every effort is being made to trace out and to arrest the accused mr.yahya khan, s/o.peer muhammed. it is stated that an arrest warrant has been obtained from the district and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 WP(CRL.) NO. 395 OF 2023 CRIME NO.403/2008 OF Pala Police Station, Kottayam AGAINST THE ORDER/JUDGMENT FIR 403/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA PETITIONER/S: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. K.S.PRAVEEN ASWATHI SURESH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

2 THE STATE POLICE CHIEF STATE POLICE HEADQUARTES, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 3 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KOTTAYAM, PIN - 4 THE SATTION HOUSE OFFICER PALA POLICE STATION, KOTTAYAM,, PIN - 686575 OTHER PRESENT: SRI G. SUDHEER (PP) THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl) No.395/2023 2

JUDGMENT

Dated this the 31st day of October, 2023 This Writ Petition has been filed seeking the following reliefs :

(i) “issue a writ of mandamus or such other writ order or

direction directing respondents 2 to 4 to arrest the absconding accused in Crime No.403/2008 of Pala Police Station and produce him before the Sessions Court so as to prosecute him as expeditiously as possible, to secure the ends of justice ;

(ii) Grant such other reliefs as this Hon'ble Court deems fit and necessary in the facts and circumstances of the case ; and

(iii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language.”

2. The learned Public Prosecutor submits, with

reference to the memo filed in this Court enclosing there with the report filed by the Station House Officer, Pala Police Station, that every possible step has been taken to apprehend the accused in the case. Paragraphs 3 and 4 of the report filed by the Station House Officer, Pala Police Station, on 13.06.2023 read as follows : “3. It is humbly submitted that, in WP(Crl) No.395/2023 3

continuation to the efforts made to trace out and to enable the arrest and extradition of the accused Mr.Yahya Khan, S/o.Peer Muhammed, an open warrant arrest against him was obtained from Hon'ble District & Sessions Court, Kottayam and requests have been submitted to the Interpol Liaison Officer, CBCID HQ, through proper channel for the issuance of Blue Notice as well as Red Notice. Copy of the open warrant and the request for Interpol notices are attached herewith as Annexure ..(i) & ..Annexure ...(ii).

4. It is also submitted that request was

made to the Registrar General, Thiruvananthapuram seeking, whether the instant accused has been in possession of any property (movable or immovable or both) in Kerala. Copy of the request sent to the Registrar General, Thiruvananthapuram is enclosed herewith as Annexures …..(iii).”

3. The report filed by the Station House Officer, Pala

Police Station, will show that every effort is being made to trace out and to arrest the accused Mr.Yahya Khan, S/o.Peer Muhammed. It is stated that an arrest warrant has been obtained from the District and Sessions Court, Kottayam, and requests have been submitted to the Interpol Liaison Officer, CBCID HQ, through proper channel for the issuance of blue notice as well as red notice. It is further stated a request has been made to the Registration Department, seeking information as to whether the accused has been in possession of any property movable or immovable or both WP(Crl) No.395/2023 4 in the State of Kerala, so that appropriate steps may be taken against the property also.

4. Considering the report filed by the Station House

Officer, Pala Police Station, I am of the view that further directions need not be issued in this Writ Petition as I am convinced that every possible steps are being taken by the authorities to arrest the absconding accused. The Writ Petition is closed making it clear that it will be open to the petitioner to approach this Court again if any further directions are necessary in the matter. Sd/- GOPINATH P. JUDGE csl WP(Crl) No.395/2023 5 APPENDIX PETITIONER'S EXHIBITS EXT.P1 : COPY OF THE DISABILITY CERTIFICATE OF THE

DAUGHTER OF THE PETITIOENR DATED 30.9.2010 ISSUED BY THE DEPARTMENT OF HEALTH SERVICE, GOVERNMENT OF KERALA.

EXT.P2 : CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.403/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA DATED 31.12.2008 EXT.P3 : THE PROCEEDINGS DOWNLOADED FROM THE WEBSITE OF THE COURT AS EARLY AS ON 20.9.2011 EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT DATED 25.1.2023.

Same Court & Year Kerala · 2023 Same Parties OMANA vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.