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Salamudeen Vs. the State of Kerala - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantSalamudeen
RespondentThe State of Kerala
Excerpt:
.....a1: the true copies of some letters wrote to th1t petitioner by the2d respondent. annexure a2: the true copy of the complaint filed in cmpno.2679/2005 on the file of judicial1t class magistrate no.iii, thiruvananthapuram. annexure a3: the true copy of the fir no.512/2005 on the file of kazhakkoottam police station. annexure a4: the certified copy of final report filed by the police before the jfcm no.iii, thiruvananthapuram. annexuer a5: true copy of the report filed by the circle inspector of police with occuuence of the deputy superintendent of police. annexuer a6: the true copy of the order dt. 19/10/10 on the file of judicial1t class magistrate no.iii, thiruvananthapuram annexure a7: the true copy of the petition filed as cmp no.4599/2010 on the file of the jfcm no.iii,.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 Crl.MC.No. 330 of 2013 () -------------------------- (C.C.NO.745/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM) ------------------------------------------ PETITIONER(S)/ACCUSED NOS.1 TO4: --------------------------------------------------------- 1. SALAMUDEEN, AGED43YEARS, S/O.IBRAHIM, THENGUVILA VEEDU, PALACHIRA P.O., VARKALA, THIRUVANANTHAPURAM.

2. SHAHIDHA SIRAJUDEEN, AGED40YEARS, W/O.SIRAJUDEEN, ROASE VILLA, NETTAYAM P.O., KATTU PUTHUSSERI, PALLICKAL, THIRUVANANTHAPURAM.

3. SABEENA SAIFUDHEEN, AGED38YEARS, W/O.SAIFUDHEEN, THENGUVILA VEEDU, PANTHUVILA, VETTIYARA P.O., NAVAIKKULAM, THIRUVANANTHAPURAM.

4. SALEENA, AGED35YEARS, SALIM MANZIL, THOKKADU P.O., VADASSERIKKONAM, VARKALA, THIRUVANANTHAPURAM. BY ADVS.SRI.C.K.SREEJITH SMT.MARY RANZOM LOUIZ RESPONDENTS/COMPLAINANT : --------------------------------------------------- 1. THE STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KAZHAKKOOTTAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. SAREENA HAMEED,PRESENT W/O.S.NAUSHAD, RESIDING AT KOTTUVILAKAM VEEDU, MUNNALUMMOODU, VAKKOM P.O., THIRUVANANTHAPURAM - 695 031.

3. S.NAUSHAD, KOTTUVILAKAM VEEDU, MUNNALUMMOODU, VAKKOM P.O., THIRUVANANTHAPURAM - 695 031. R1 BY PUBLIC PROSECUTOR SRI.REJI JOSEPH R2 BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.V.MADHURIPAN PILLAI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2401-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.330/2013 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE A1: THE TRUE COPIES OF SOME LETTERS WROTE TO TH1T PETITIONER BY THE2D RESPONDENT. ANNEXURE A2: THE TRUE COPY OF THE COMPLAINT FILED IN CMPNO.2679/2005 ON THE FILE OF JUDICIAL1T CLASS MAGISTRATE NO.III, THIRUVANANTHAPURAM. ANNEXURE A3: THE TRUE COPY OF THE FIR NO.512/2005 ON THE FILE OF KAZHAKKOOTTAM POLICE STATION. ANNEXURE A4: THE CERTIFIED COPY OF FINAL REPORT FILED BY THE POLICE BEFORE THE JFCM NO.III, THIRUVANANTHAPURAM. ANNEXUER A5: TRUE COPY OF THE REPORT FILED BY THE CIRCLE INSPECTOR OF POLICE WITH OCCUUENCE OF THE DEPUTY SUPERINTENDENT OF POLICE. ANNEXUER A6: THE TRUE COPY OF THE ORDER

DT. 19/10/10 ON THE FILE OF JUDICIAL1T CLASS MAGISTRATE NO.III, THIRUVANANTHAPURAM ANNEXURE A7: THE TRUE COPY OF THE PETITION FILED AS CMP NO.4599/2010 ON THE FILE OF THE JFCM NO.III, THIRUVANANTHAPURAM ANNEXURE A8: THE TRUE COPY OF THE ORDER

IN CMP NO.6060/06 IN CC NO.805/07 ON THE FILE OF JFCM NO.1, VARKALA. ANNEXURE A9: THE CERTIFIED COPY OF THE ORDER

IN CMP NO.4599/2010. ANNEXURE A10: THE TRUE COPY OF THE JUDGMENT

IN OP NO.1551/2002 ON THE FILE OF FAMILY COURT TRIBUNAL. ANNEXURE A11: THE TRUE COPY OF THE JUDGMENT

IN OP NO.1441/2003 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM ANNEXURE A12: THE TRUE COPY OF THE COMPLAINT FILED BY THE1T RESPONDENT AS PROTEST COMPLAINT. ANNEXURE A13: THE TRUE COPY OF THE DOCKET PROCEEDINGS IN CC.745/2005 ON THE FILE OF JFCM NO.III, THIRUVANANTHAPURAM. RESPONDENTS' ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts A.HARIPRASAD, J.

-------------------------------------- Crl.M.C. No.330 of 2013 -------------------------------------- Dated this the 24th day of January, 2014. ORDER

Petition filed under Section 482 of the Code of Criminal Procedure (for short, "Cr.P.C.").

2. The 1st petitioner is the husband of the 2nd respondent. The 2nd respondent filed a private complaint (A2, annexed to this petition), before the learned Judicial First Class Magistrate-III, Thiruvananthapuram alleging offences punishable under Sections 294, 341, 498A and 506(ii) read with Section 34 of the Indian Penal Code (for short, "IPC") against the petitioners. Petitioners 2 to 4 are relatives of the 1st petitioner.

3. Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent.

4. It is submitted by the learned counsel for the 2nd respondent that the petitioners have filed an application before the court below claiming discharge under Section 227 Cr.P.C.. That application is annexed as A7 to this petition.

5. Court below considered the claim and dismissed the application by order annexed as A9 to this petition. It is submitted by the learned counsel for petitioners that the 2nd respondent wife married for the Crl.MC No.330/2013 2 second time during the subsistence of the first marriage and another case is pending in relation to that. Records would show that though the parties tried to settle the issues on mediation, it did not work out. Considering the stage of the proceedings and the fact that other litigations are pending between the parties, I am not inclined to invoke jurisdiction under Section 482 Cr.P.C. However, it is made clear that the court below shall consider the matter on merit untrammelled by any of the observations contained in this order. It is directed that the court below shall try and dispose of the case as expeditiously as possible, at any rate within a period of six months from the date of production of a copy of this order. With this observation, the petition is dismissed. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE. cks


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