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2025 Supreme(Online)(Ker) 50920

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MOHAMMED AFSAL – Appellant
Versus
SECRETARY HOME DEPARTMENT – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ALEX K.JOHN, SHRI.MUHAMMED KHAN H
For the Respondents: SRI.SANGEETHA RAJ.N.R

J U D G M E N T

The petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') before the Judicial First Class Magistrate Court-I, Erattupetta, as S.T.No. 3005 of 2022. The respondent No.3 is the accused. The above original petition has been filed seeking the following reliefs.

“(i) to give direction to the Hon’ble Judicial First Class Magistrate Court-I, Erattupetta for expediting the proceedings of S.T.No.3005/2022.

(ii) to give direction to the Erattupetta Police who is the 2nd respondent herein for the effective execution of warrant pending against the 3rd respondent herein.”

2. I have heard Sri.Alex K. John, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

3. The respondent No.2 filed a report stating that he has not received any warrant against the respondent No.3 from the Magistrate Court. Hence, this Court as per the interim order dated 03.11.2025 called for a report from the learned Magistrate to report whether any warrant has been issued to the respondent No.3 and, if issued, whether it is still pending.

4. The learned Magistrate has filed a report. It is

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