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2022 Supreme(Online)(KER) 22752
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
RD WEDNESDAY, THE 23 DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 CRL.MC NO. 5155 OF 2021 CRIME NO.292/2019 OF Payyoli Police Station, Kozhikode AGAINST THE PROCEEDING IN CMP 65/2021 IN ST 87/2019 OF GRAMA NYAYALAYA,KUNNUMMAL, KUTTIYADI. PETITIONER/DEFACTO COMPLAINANT:
RAMLA AGED 42 YEARS W/O.ABDUL GAFOOR, ILLATH HOUSE, ADUKKATH P.O., KUTTYADI VIA., PIN - 673 508, KOZHIKODE DISTRICT.
BY ADVS.
U.P.BALAKRISHNAN K.R.AVINASH (KUNNATH)
C.H.ABDUL RASAC U.V.PRADEEPAN RESPONDENT/STATE & ACCUSED:
1 THE STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, PAYYOLI POLICE STATION, KOZHIKODE DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 ABDUL GAFOOR AGED 48 YEARS S/O.ABDULLA, THEVAROLI HOUSE, THURAYOOR AMSOM, THURAYOOR DESOM, PAYYOLI ANGADI P.O., KOYILANDI TALUK, KOZHIKODE DISTRICT - 673 522.
BY ADV.
RANJIT GEORGE – SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
['U P BALAKRISHNAN', '', 'K R AVINASH KUNNATH', 'C H ABDUL RASAC', 'U V PRADEEPAN']
ORDER
The petitioner is the de facto complainant in S.T. No.87/2019 on the file of the Grama Nyayalaya, Kunnummal Block, Kuttiadi, Kozhikode. The aforesaid complaint was submitted by her against the 2nd respondent herein for the offences punishable under Sections 341, 323, 324 of Indian Penal Code read with Section 31 of Domestic Violence Act. In addition to the above, Annexure 2 private complaint was also filed against the 2nd respondent by the petitioner herein for the offences punishable under Section 323, 324, 341 of Indian Penal Code read with Section 31 of Domestic Violence Act as well. The petitioner later submitted an application seeking joint trial of both the above proceedings which was dismissed as per Annexure 4. This Crl.M.C. is filed challenging Annexure 4.
2. Heard Sri.U.P. Balakrishnan, learned counsel appearing for the petitioner and Sri.Ranjit George, learned Public Prosecutor for the State.
3. Subsequent to the filing of the Crl.M.C. it is known that the Grama Nyayalaya has passed Annexure 5 order wherein prayer sought for by the petitioner for joint trial is ordered. On going through Annexure 4 order it can be seen that the reason cited by the Grama Nyayalaya is that in S.T. No.87/2019 no other lawyer was appointed for assisting the prosecution. In such circumstances, it was held that the prayer for joint trial cannot be entertained. However, now it is noticed that the Grama Nyayalaya has passed Annexure 5 order by which the joint trial is ordered. In such circumstances, Annexure 4 order passed by Grama Nyayalaya is only to be quashed and the proceedings are allowed to be continue on the basis of Annexure 5.
In such circumstances, this Crl.M.C. is disposed of quashing Annexure 4 order passed by the Grama Nyayalaya, Kunnummal Block, Kuttiadi, Kozhikode and directing the Grama Nyayalaya to continue the proceedings on the basis of Annexure 5.
ZIYAD RAHMAN A.A.
JUDGE scs APPENDIX OF CRL.MC 5155/2021 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.292/2019 OF PAYYOLI POLICE STATION.
Annexure 2 CERTIFIED COPY OF THE COMPLAINT IN S.T.NO.9/2020 ON THE FILES OF HE GRAMANYAYALAYA, KUNNUMMAL BLOCK, KUTTIADI DT. 31/8/19.
Annexure 3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.292/2019 OF PAYYOLI POLICE STATION.
Annexure 4 TRUE CERTIFIED COPY OF THE ORDER IN C.M.P.NO.65/2021 (ST.NO.87/19) DATED
01/20/2021.
Annexure 5 CERTIFIED COPY OF THE ORDER DATED
29.10.2021 IN S.T. NO.87/2019 OF THE GRAMANYAYALAYA, KUNNUMMAL BLOCK, KUTTIADI
