Kerala High Court
Kunjabdulla K vs State Of Kerala on 23 November, 2013
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY,THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935
Crl.MC.No. 6470 of 2013 ()
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AGAINST THE ORDER IN CC 124/2013 of JUDICIAL FIRST CLASS MAGISTRATE
COURT-I,KOZHIKODE
CRIME NO. 514/2012 OF TOWN POLICE STATION , KOZHIKODE
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PETITIONER(S)/ACCUSED:
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KUNJABDULLA K., AGED 28 YEARS,
S/O.AHAMMED HAJI, KALLULLATHIL, KUNNATHU HOUSE,
MUTHUVATTATHOOR PO, PURAMERI, VADAKARA,
KOZHIKODE DISTRICT.
BY ADVS.SRI.P.SAMSUDIN
SMT.NIMA JACOB
RESPONDENTS/STATE:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM 682 031 (IN CRIME NO.514/2012 OF TOWN POLICE
STATION IN KOZHIKODE DISTRICT).
2. ANAND.G, AGED 43 YEARS,
S/O.M.V.GOPALAKRISHNAN, 5/38, SREE NILAYAM HOUSE,
ERANIPPALAM PO, 673 012, KOZHIKODE.
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 6470 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 COPY OF THE FIR IN CRIME NO. 514/2012 OF KOZHIKODE TOWN
POLICE STATION
ANNEXURE A2 COPIES OF THE MEDICAL RECORDS RELATING TO THE TREATMENT
OF THE PETITIONER
ANNEXURE A3 COPY OF THE MEDICAL CERTIFICATE DATED 23/11/2013
ANNEXURE A4 COPY OF THE FINAL REPORT IN CRIME NUMBER 514/2012 OF
KOZHIKODE TOWN POLICE STATION
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
HARUN-UL-RASHID, J.
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Crl.M.C No.6470 Of 2013
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Dated this the 20th day of December, 2013.
O R D E R
Petitioner is the accused in Crime No.514/2012 of Kozhikode Town Police Station, Kozhikode. The offence alleged against the petitioner is punishable under Section 507 IPC r/w 118(d) of the Kerala Police Act, 2011. Crl.M.C is filed seeking to quash all further proceedings against the petitioner in C.C.No.124/2013 on the file of the Judicial First Class Magistrate Court-I, Kozhikode in Crime No.514/2012.
2. Crime was registered on the allegation that the accused with an intention to commit offence telephones from the cell phone number standing in his name to the land line telephone in the office of Mathrubhumi daily, Kozhikode and threatened and warned that the Chief Minister of the State will be killed within few days. It is submitted that the petitioner is a Schizophrenia patient and he is under the treatment of former Professor and Head of Department of Psychiatry, Medical College, Calicut. It is submitted that the treatment records were made available to the investigating officer. But, the investigating officer without subjecting the accused to examination by a Medical Board, filed charge sheet. Learned ::2::
Crl.M.C.No.6470 Of 2013 counsel for the petitioner contended that the prosecution is unsustainable in law and the petitioner is entitled to the general exception under Section 84 IPC. The learned counsel for the petitioner also relied on the decisions of the Apex Court reported in Hari Singh Gond v. State of MP (2009 AIR SC 31) and Harshendra Kumar v. Rebatilata Koley (2011 (1) KLT 732 SC) in support of his contentions.
2. I have gone through the materials produced before this Court. No sustainable grounds are made out for granting the relief sought for in the Crl.M.C. Accordingly, Crl.M.C is disposed of without prejudice to the right of the petitioner to apply for discharge, if so advised. In the event of the petitioner applying for discharge within a period of four weeks from today, the learned Magistrate shall consider and pass appropriate orders on the same within a period of three months from the date of filing of the discharge petition. Personal appearance of the petitioner is dispensed with during the pendency of the discharge petition.
HARUN-UL-RASHID, Judge.
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