Kerala High Court
Muhammed vs Adakkudi Subair on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
OP(C) NO. 81 OF 2022
AGAINST THE ORDER IN IA 1/2020(WRONGLY SHOWN AS IA
NO.1/2021) IN OS 156/2017 OF MUNSIFF'S COURT, NADAPURAM
PETITIONER:-PETITIONER IN IA NO.1 IF 2020
MUHAMMED
AGED 49 YEARS
S/O. MOIDU HAJI, THERAYAMVALLI HOUSE,
VILATHAPURAM AMSOM, KUNINGAD DESOM, VATAKARA
TALUK, KOZHIKODE DISTRICT-673 101
BY ADVS.
P.B.KRISHNAN
P.B.SUBRAMANYAN
MANU VYASAN PETER
SABU GEORGE
RESPONDENTS :- RESPONDENTS IN IA NO.1 OF 2020
1 ADAKKUDI SUBAIR
S/O. KUNHABDULL, VADEKKARA, VILATHAPURAM AMSOM,
KUNINGAD DESOM, POST MUTHUVADATHUR,
KOZHIKODE DISTRICT-673 101
2 KUNHBADULLA PUTHUR,
RETIRED HEAD MASTER, MUTHUVADATHUR
M.U.P.SCHOOL, POST MUTHUVADATHUR, PURAMERI VIA,
VATAKARA TALUK, KOZHIKODE DISTRICT-673 503
3 MADAPPALLY KUNHIRAMAN,
S/O.CHEKKAYI, MADAPPALLY, POST MUTHUVADATHUR,
PURAMERI VIA, VATAKARA TALUK, KOZHIKODE
DISTRICT-673 503
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.81 of 2022 ..2..
A.BADHARUDEEN, J.
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O.P.(C)No.81 of 2022
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Dated this the 14th day of January, 2022
JUDGMENT
This original petition has been filed under Article 227 of the Constitution of India challenging order in I.A.No.1 of 2020(wrongly numbered as I.A.No.1 of 2021) in O.S.No.156 of 2017 on the file of the Munsiff's Court, Nadapuram dated 11.11.2021.
2. Originally, this petition was filed by the fourth defendant in the above suit seeking initiation of proceedings under Section 340 of Code of Criminal Procedure against the plaintiff and two other persons on the allegation that they have committed offences under Sections 191 192, 193, 196, 199 and 200 of the Indian Penal Code. The learned Munsiff considered application before trial and finally dismissed stating that at present, no prima facie case O.P.(C)No.81 of 2022 ..3..
to find ingredients of Section 195 of IPC and therefore, proceedings cannot be initiated.
3. The learned counsel for the petitioner submitted that dismissal of the petition before trial, in fact, caused prejudice to the petitioner who is the fourth defendant and therefore, order may be interfered, with direction to the trial court to consider the plea after completion of trial.
4. Having considered the prayer as submitted, I am of the view that the order can be interfered with direction to the trial court to consider the same afresh after completion of trial in the case, so as to address the grievance of the fourth defendant/the petitioner herein.
With the above direction, this original petition is disposed of.
Sd/-
A.BADHARUDEEN, JUDGE rkj O.P.(C)No.81 of 2022 ..4..
APPENDIX OF OP(C) 81/2022 PETITIONER EXHIBITS Exhibit P1 DATED 27.11.2017, TRUE COPY OF THE PLAINT IN OS NO.156 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT, NADAPURAM Exhibit P2 DATED 14.3.2018, TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 1 TO 5 AND 7 IN OS NO.156 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT, NADAPURAM Exhibit P3 DATED 24.11.2020 TRUE COPY OF THE IA NO.1 OF 2020 IN OS NO.156 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT, NADAPURAM Exhibit P4 DATED 12.1.2021, TRUE COPY OF THE COUNTER IN IA NO.1 OF 2020 IN OS NO.156 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT, NADAPURAM Exhibit P5 DATED 11.11.2021, TRUE COPY OF THE ORDER IN IA NO.1 OF 2020 (WRONGLY SHOWN AS IA NO.1 OF 2021 ) IN OS NO.156 OF 2017 ON THE FILE OF THE MUNSIFF'S COURT, NADAPURAM Exhibit P6 DATED 20.2.2017, TRUE COPY OF THE AGREMENT