Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 AGAINST THE ORDER DATED 09.10.2020 IN CMP.2000/2020 IN C.P.NO.64/2019 OF JUDICIAL FIRST CLASS MAGISTRATE, KUTHUPARAMBA PETITIONER/ACCUSED: SAMEER T. AGED 23 YEARS SON OF ASHARAF, THYULLATHIL HOUSE, KOLAVALOOR AMSOM, KANNAMDOE DESOM, THUVAKKUNNU P.O, KANNUR DISTRICT, PIN - 670 693 BY ADVS. SRI.C.MURALIKRISHNAN SRI.ABRAHAM GEORGE JACOB SRI.AKSHAY R RESPONDENTS/STATE AND SHO: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 683021 2 STATION HOUSE OFFICER, KUTHUPARAMBA POLICE STATION, KUTHUPARAMBA, KANNUR DISTRICT, PIN - 670 643 BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 26th day of February 2021
Petitioner is the 7th accused in Crime No.935 of 2018 of Kuthuparamba Police Station. The challenge in this writ petition is against Annexure - A3 order of the Judicial First Class Magistrate Court, Kuthuparamba, by which the petitioner's application seeking permission to go abroad was dismissed. The dismissal was for the reason that, the committal court was not empowered to grant such permission and hence, the petitioner should approach the Sessions Court to which the case would be alloted for trial after committal.
2. Learned counsel for the petitioner submitted that,
pending the Crl.M.C, to case was committed and made over to the Additional Sessions Court No.IV, Thalassery numbered as S.C.No.18 of 2021. Even though the petitioner and other accused appeared before the trial court, the case was not called and stands adjourned to 16.06.2021. It is submitted that the petitioner has been offered an overseas job and has to report immediately.
3. The dismissal of petitioner's application seeking permission to go abroad was solely for reason of the committal court not being empowered to grant the permission. Now that
the case has been committed and made over to the Additional Sessions Court for trial, that court can consider the prayer and take a decision on merits. The Crl.M.C is hence disposed of, permitting the petitioner to submit a fresh application before the Additional Sessions Court No.IV, Thalassery. On such application being filed, the Additional Sessions Judge shall pass orders thereon within two weeks.
Sd/- V.G.ARUN JUDGE DK
APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 A TRUE COPY OF THE NOTIFICATION NO GSR 570(E) DATED 25-08-1993 ISSUED BY MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA. ANNEXURE A2 A TRUE COPY OF THE APPLICATION , CMP PETITIONER BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER DATED 09-10-2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA IN CMP ANNEXURE A4 A TRUE COPY OF THE STATEMENT DATED 14- 12-2018 GIVEN BY DEFACTO COMPLAINANT (MUHAMMED RAFSHAN) TO THE POLICE IN CRIME NO. 935/2018 OF KUTHUPARAMBA POLICE STATION ANNEXURE A5 A TRUE COPY OF THE FINAL REPORT DATED 28-10-2019 IN CRIME NO. 935/2018 SUBMITTED BY SUB INSPECTOR KUTHUPARAMBA POLICE. RESPONDENTS' EXHIBITS: NIL