Kerala High Court
Sayed Mohammed Noorul Ameer vs U.T.Administration Of Lakshadweep on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 20th day of January 2023 / 30th Pousha, 1944
CRL.M.APPL.NO.4/2023 IN CRL.A NO. 49 OF 2023
SC 1/2017 OF SESSIONS COURT, KAVARATHY, LAKSHADWEEP
PETITIONER/PROPOSED ADDITIONAL 2ND RESPONDENT:
PADANATH MOHAMMED SALIH ,AGED 54 YEARS S/O UMMADAPURA ATTAKOYA,
PADANATH HOUSE, MECHERY, ANDROTH ISLAND, UNION TERRITORY OF
LAKSHADWEEP -682551
RESPONDENTS/APPELLANTS AND RESPONDENT:
1. SAYED MOHAMMED NOORUL AMEER, AGED 43 YEARS ,S/O. POOKOYA THANGAL,
PADIPURA HOUSE, ANDROTH ISLAND, LAKSHADWEEP, - 682551
2. MOHAMMED FAIZAL, AGED 40 YEARS, S/O. POOKOYA THANGAL ,PADIPURA
HOUSE, ANDROTH ISLAND, LAKSHADWEEP, - 682551
3. MOHAMMED HUSSAIN THANGAL ,AGED 54 YEARS, S/O. A.B. POOKOYA THANGAL
PADIPURA HOUSE, ANDROTH ISLAND, LAKSHADWEEP, - 682551
4. MOHAMMED BASHEER THANGAL S/O. KOYA THANGAL, SHEKKIRIYAMMADA HOUSE,
ANDROTH ISLAND, LAKSHADWEEP, - 682551
5. U.T.ADMINISTRATION OF LAKSHADWEEP REPRESENTED BY THE ITS STANDING
COUNSEL, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
Application praying that in the circumstances stated therein the
affidavit filed therewith the High Court be pleased to implead the
petitioner herein , as additional 2nd respondent in the aforementioned
criminal Appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.AJIT G ANJARLEKAR, G.P.SHINOD, GOVIND PADMANAABHAN, ATUL MATHEWS,
GAYATHRI S.B. Advocates for the Petitioner /Proposed Addl.2nd
respondent in Crl.M.A.4/2023 and M/S.P.VIJAYA BHANU(Sr.),SASTHAMANGALAM S.
AJITHKUMAR, V.S.THOSHIN, SATHEESH MOHANAN, P.A.MEERA, SREEJITH S.NAIR,
COLIN ANTONY DCRUZ, SEKHAR G. THAMPI, GIRISANKAR JYOTHIKUMAR SHEENA,
RESHMA M.S, NIKITA J. MENDEZ, SRUTHY N. BHAT, Advocates for the
petitioners in Crl.A.49/2023/Respondents 1-4 in Crl.MA 4/2023 and of SHRI.
S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA, for the respondent 1 in
Crl.A.49/2023 / Respondent 5 in Crl.M.A 4/2023 and , the court passed the
following:
p.t.o
A.BADHARUDEEN, J.
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Crl.M.A.No.4 of 2023
&
Crl.Appeal No.49 of 2023
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Dated this the 20th day of January, 2023
ORDER
Since it is argued by the learned counsel for the appellants that in view of the subsequent developments, the appellants are forced to canvass relief of suspension of conviction and sentence, which was relegated, as submitted last time at a later stage. Therefore, the learned Special Prosecutor and the Deputy Solicitor General of India, appearing for the prosecution and the learned counsel for the defacto complainant seek time to argue on the same.
Post on 23.01.2023 as item No.101. Crl.M.A.No.4 of 2023 This is a petition filed by the defacto complainant in this crime, with prayer to implead himself as additional Crl.M.A.No.4 of 2023 & Crl.Appeal No.49 of 2023 ..2..
respondent in this appeal. He has placed a decision of the Apex Court reported in [2022 LiveLaw (SC) 376], Jagjeet Singh & Ors. v. Ashish Mishra @ Monu & Anr., highlighting the right of the victim to be a part of the proceedings in a criminal matter.
Though the application is opposed by the learned counsel for the appellants, in the interest of justice and to hear the defacto complainant also in this proceedings, this petition is allowed and the defacto complainant got impleaded as additional second respondent.
Registry shall carry out the impleadment.
Sd/-
A.BADHARUDEEN, JUDGE rkj 20-01-2023 /True Copy/ Assistant Registrar