Kerala High Court
Nasihudeen vs State Of Kerala on 13 January, 2022
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
CRL.MC NO. 6115 OF 2021
CMP NO.4029/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT.
PETITIONER/COMPLAINANT:
NASIHUDEEN
AGED 60 YEARS
S/O MUHAMMD KASIM,
CHINNU MANZIL, KIZHUVILAM,
KIZHUVILAM VILLAGE,
CHIRAYINKEEZHU THALUK.
THIRUVANANTHAPURAM-695101.
BY ADV R.LEELA
RESPONDENTS/STATE & ACCUSED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 BASHEER
S/O MUHAMMED KASIM,
SABI MANZIL, KIZHUVILAM DESAM,
KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695101.
3 GOPAKUMAR
S/O KUTTAPPAN NAIR,
PLAVILA PUTHEN VEETTIL,
B T S ROAD, ATTINGAL VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT-695101.
4 SULEKHA BEEVI
W/O BASHEER,
SABI MANZIL, KIZHUVILAM DESAM,
KIZHUVILAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695101.
5 SABEER
Crl.M.C.No.6115 of 2021
2
S/O BASHEER,
SABI MANZIL, KIZHUVILAM DESAM,
KIZHUVILAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695101.
6 MUHAMMED
S/O BASHEER,
SABI MANZIL, KIZHUVILAM DESAM,
KIZHUVILAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695101.
7 RAJU
S/O PONNAYYAN ACHARI,
RUGMINI NIVAS, PALACE ROAD,
ATTINGAL VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695101.
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6115 of 2021
3
ORDER
Petitioner is the complainant in C.M.P.No.4029/2015 pending before the Judicial First Class Magistrate's Court-I, Attingal which was a protest complaint preferred by him in protest against the final report laid in Crime No.985/2012 of Attingal police station. The crime was registered on the basis of a private complaint preferred by the petitioner which was forwarded to the police for investigation and thus the crime was registered alleging offence under Sections 120B, 191, 192, 193, 196, 200, 209, 405, 420, 463, 464, 465, 468, 470, 471 and 474 read with Section 34 of the IPC. On conclusion of investigation, the police laid the Annexure A2 final report referring the case as civil in nature. On getting notice about the reference, the petitioner preferred the protest complaint as C.M.P.No.4029/2015. The present grievance of the petitioner is that even though such a complaint was preferred in 2015, it is not being disposed of by the Magistrate and therefore, a direction is sought for early disposal of the complaint.
Crl.M.C.No.6115 of 20214
2. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.
3. Annexure-A4, the copy of the proceedings sheet in C.M.P.No.4029/2015 indicates that from 2015 onwards the matter is pending. It is very unfortunate that a complaint filed as early on 26.09.2015 has not been considered and disposed of by the court, even after lapse of nearly seven years.
4. Even though it is certain that the petitioner also has contributed for the delay, such a long delay cannot be excused. Learned counsel submits that the matter is now slated for final hearing. The learned Magistrate is directed to dispose the case within a period of one month from the date of receipt of a copy of this order.
Sd/-
K. HARIPAL JUDGE Jms/13.01 //True Copy// P.A to Judge Crl.M.C.No.6115 of 2021 5 APPENDIX OF CRL.MC 6115/2021 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE CRIME NO.985 DATED 06.07.2012 OF THE ATTINGAL POLICE STATION. Annexure A2 A TRUE COPY OF THE REFER CHARGE IN CRIME NO.985/2012 OF ATTINGAL POLICE STATION DATED 13.112014.
Annexure A3 A CERTIFIED COPY OF THE C M P NO.4029/2015 FILED BY THE PETITIONER BEFORE THE JFCM-1, ATTINGAL DATED 26.09.2019.
Annexure A4 A TRUE COPY OF THE B-DIARY PROCEEDINGS IN CMP NO.4029/2015.