Kerala High Court
M.U.Abdul Salam vs M.P.Moosa
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF JUNE 2017/19TH JYAISHTA, 1939
Crl.MC.No. 3974 of 2017 ()
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AGAINST THE ORDER IN CC 15/2014 of J.M.F.C. - II, PERUMBAVOOR DATED 17-
10-2014.
PETITIONER/ACCUSED:
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M.U.ABDUL SALAM, AGED 51 YEARS,
MUKKADA HOUSE, MUDICKAL P.O.,
PERUMBAVOOR - 683 547.
BY ADVS.SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN
SRI.RAFEEK V.K.
SRI.VISHNU BHUVANENDRAN
SRI.U.M.HASSAN
SMT.P.PARVATHY
RESPONDENTS/COMPLAINANT & STATE:
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1. M.P.MOOSA,
MUTHAYIL HOUSE, PARAKODE,
VEMBILLY P.O., PALLIKKARA-683565.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY SRI. JESTIN MATHEW (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-
06-17, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3974 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1- TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT
DATED 26/11/2011.
ANNEXURE A2- TRUE COPY OF THE ORDER DATED 17/10/2014 IN
C.C.NO.15/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-II,
PERUMBAVOOR.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A. TO JUDGE
sf
ALEXANDER THOMAS, J.
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Crl.M.C.No. 3974 of 2017
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Dated this the 9th day of June, 2017
O R D E R
Sri.Saijo Hassan, learned counsel appearing for the petitioner submits on the basis of the instructions of his party that the petitioner has now been advised that the impugned Anx.A-2 judgment, which has been rendered by virtue of the plea bargaining process under Chapter XXI-A of the Cr.P.C., can be challenged only by way of a petition under Art.227 of the Constitution of India in view of the bar engrafted by the Parliament in Sec.265G of the Cr.P.C. and that leave may be granted to the petitioner to withdraw this petition to file an appropriate petition under Art.227 of the Constitution of India. The petitioner's counsel would also submit that since non-bailable warrant has now been issued against the petitioner for execution of the impugned order, this Court may exercise its discretionary powers to order keeping in abeyance of further coercive steps in that regard by a short time so that the petitioner could immediately file the petition under Art.227 of the Constitution of India. Further it is also submitted that this Court may direct the Registry to return back the certified copy of impugned Anx.A-2 judgment.
2. In the light of these submissions made by the petitioner,
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leave is granted to the petitioner to withdraw this petition with liberty to the petitioner to work out his remedies strictly in accordance with law. The Registry will return back the certified copy of Anx.A-2 order to the petitioner's counsel, if a request in that regard is made by him. Further in the interest of justice, it is ordered that all further coercive steps including the non-bailable warrant said to have been issued against the petitioner in pursuance of the execution of the impugned Anx.A-2 judgment in C.C.No.15/2014 on the file of the Judicial First Class Magistrate's Court-II, Perumbavoor, will stand deferred by a period of two weeks from today.
In the light of these aspects, the aforecaptioned Crl.M.C. will stand dismissed as withdrawn with the abovesaid liberty.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
///True Copy///
P.S. to Judge