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2025 Supreme(Online)(KER) 11498
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946 CRL.MC NO. 6950 OF 2024 IN CMP NO.4078 OF 2022 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD PETITIONER(S)/RESPONDENT:
MUHAMMED @ MUHAMMEDALI AGED 51 YEARS S/O.KOYA, THITTUMMAL VEEDU, KUNDOORKUNNU MANNARKAD, PALAKKAD, PIN - 678523 BY ADV. P.K.MOHAMMED PUZHAKKARA RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 T.M.ASHRAF S/O. MAKKARATHOTTU VELAMMAL RESIDENCY MALLIKAI APARTMENT, PANCHATTI, CHENNAI, TAMIL NADU, PIN - 601204 BY ADVS.
PUSHPALATHA. M.K, SR. PUBLIC PROSECUTOR FIROZ K.M.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2025, ALONG WITH CRL.MC.6946/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946 CRL.MC NO. 6946 OF 2024 IN CMP NO.4079 OF 2022 OF CHIEF JUDICIAL MAGISTRATE PALAKKAD PETITIONER(S)/RESPONDENT:
MUHAMMED @ MUHAMMEDALI AGED 51 YEARS S/O.KOYA, THITTUMMAL VEEDU, KUNDOORKUNNU MANNARKAD, PALAKKAD, PIN - 678583 BY ADV. P.K.MOHAMMED PUZHAKKARA RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 T.M.ASHRAF S/O.MAKKARATHOTTU VELAMMAL RESIDENCY MALLIKAI APARTMENT, PANCHATTI, CHENNAI, TAMIL NADU, PIN - 601204 BY ADVS.
PUSHPALATHA. M.K, SR. PUBLIC PROSECUTOR FIROZ K.M.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2025, ALONG WITH CRL.MC.6950/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 11th day of February, 2025 [Crl.MC Nos.6946/2024 & 6950/2024]
Petitioner is the complainant in S.T. Nos.484 and
485 of 2018 pending on the files of the Judicial First Class Magistrate Court, Mannarkad. The challenge in these Criminal Miscellaneous Cases is against Annexure A4 order by which the Chief Judicial Magistrate, Palakkad, made over the cases to the Judicial First Class Magistrate Court-I, Palakkad for trial and disposal, by exercising the power under Section 410 of Cr.P.C. The reason for making over the cases is an apprehension expressed by the 2nd respondent/accused that he will be put to harm by the petitioner, if compelled to appear before the Judicial First Class Magistrate Court, Mannarkad. The apprehension is based on an incident in which the 2nd respondent was allegedly intimidated by the petitioner and his counsel.
2. Learned Counsel for the petitioner submitted that no such incident as alleged had occurred and the Chief Judicial Magistrate grossly erred in making over the cases to the Judicial First Class Magistrate Court, Mannarkad, without the 2nd respondent producing an iota of proof in substantiation of the allegation. Moreover, if such an incident had occurred, that should have been brought to the notice of the Judicial First Class Magistrate, Mannarkad or at least a complaint filed before the jurisdictional police.
3. Learned Counsel for the 2nd respondent submitted that his client was criminally intimidated by the petitioner and his Counsel and a complaint regarding that incident was filed before the jurisdictional police.
4. In reply, learned Counsel for the petitioner submitted that his client has no such intention of harming the 2nd respondent and the apprehension is baseless.
5. No doubt, Section 410 of the Code vests the Chief Judicial Magistrate with the power to recall any case and inquire into or try such case himself or refer it for inquiry or trial by any other competent Magistrate. Needless to say, such power should be exercised for only valid reasons.
6. A perusal of the impugned order shows that the Chief Judicial Magistrate had made over the cases based on the allegation put forth by the 2nd respondent, without even verifying the genuineness of such allegation.
7. For the aforementioned reasons, the Criminal Miscellaneous Cases are allowed and the impugned Annexure A4 orders are quashed.
Learned Counsel for the 2nd respondent submitted that his client may, at least, be exempted from personal appearance. It is for the 2nd respondent to make a request in this regard. In such event, the Judicial First Class Magistrate, Mannarkad may take appropriate decision thereon. As the cases are of 2018, learned Magistrate shall also take earnest efforts to dispose of the cases expeditiously.
Sd/-
V.G.ARUN JUDGE NB/11-2 APPENDIX OF CRL.MC 6950/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE PETITION S.T.NO.484/2018 DATED
08.03.2018 FILED BY THE PETITIONER BEFORE THE JFMC, MANNARKAD ANNEXURE A2 TRUE COPY OF C.M.P.NO.4078/2022 DATED 17.10.2022 FILED BY THE 2ND RESPONDENT BEFORE THE CJM, PALAKKAD ANNEXURE A3 TRUE COPY OF THE COUNTER IN C.M.P.NO.4078/2022 FILED BY THE PETITIONER DATED 19.04.2024 BEFORE THE CJM, PALAKKAD ANNEXURE A4 TRUE COPY OF THE COMMON ORDER IN C.M.P.NO.4078/2022 AND C.M.P.NO.4079/2022 DATED
22.06.2024 OF THE CJM, PALAKKAD APPENDIX OF CRL.MC 6946/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE PETITION S.T.NO.485/2018 DATED
08.03.2018 FILED BY THE PETITIONER BEFORE THE JFCM, MANNARKAD ANNEXURE A2 TRUE COPY OF C.M.P.NO.4079/2022 DATED 17.10.2022 FILED BY THE 2ND RESPONDENT BEFORE THE CJM, PALAKKAD ANNEXURE A3 TRUE COPY OF THE COUNTER IN C.M.P.NO.4079/2022 DATED 29.04.2024 FILED BY THE PETITIONER BEFORE THE CJM, PALAKKAD ANNEXURE A4 TRUE COPY OF THE COMMON ORDER IN C.M.P.NO.4078/2022 AND C.M.P.NO.4079/2022 DATED
22.06.2024 OF THE CJM, PALAKKAD TRUE COPY P.A. TO JUDGE
