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2026 Supreme(Online)(Ker) 6711
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Fathimabi – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7405 OF 2022|CRIME NO.359/2019
For the Appellants/Petitioners: SRI.PHIJO PRADEESH PHILIP, SHRI.P.V.ANOOP, SHRI.NAVJYOTH S., SHRI.ANTONY THOMAS, SMT.RADHIKA V.R.
For the Respondents: PUBLIC PROSECUTOR, SMT.RUKHIYABI MOHD KUNHI
The court directed the Trial Court to resolve the case expeditiously while observing relevant sections of the Cr.P.C.
Headnote:The Criminal Miscellaneous Case challenges the dismissal of a petition under Section 451 of the Cr.P.C. The Court found that there was no need to disturb the Trial Court’s order, directing it instead to dispose of the case expeditiously per Section 452 of the Cr.P.C. The key issue was whether the trial order should be revised. The Court concluded that the operational order was appropriate.
| Table of Content |
|---|
| 1. application under section 451 cr.p.c. dismissed by trial court. (Para 1) |
| 2. no need to disturb trial court order after time passage. (Para 2) |
| 3. court directs expeditious resolution of the case. (Para 3) |
O R D E R
The Criminal Miscellaneous Case is filed assailing Annexure-C order passed by the Court of the Judicial Magistrate of First Class, Thalassery ('Trial Court', in short), dismissing the petitioner's application filed under Section 451 of the Code of Criminal Procedure .
2. Although the Crl.M.C. was filed on 20.10.2022, this Court has not admitted the case and has not passed any interim order.
3. At this distance of time, I am of the view that Annexure-C order need not be disturbed. Instead, I direct the Trial Court to consider and dispose of the case itself.
Accordingly, the Crl.M.C. is disposed, by directing the Trial Court to consider and dispose of the case itself, in accordance with law and as expeditiously as possible, keeping in mind Section 452 of the Cr.P.C.
Sd/-
