High Court Kerala High Court

Abdul Nazeer vs State Of Kerala on 26 November, 2010

Kerala High Court
Abdul Nazeer vs State Of Kerala on 26 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(Crl.).No. 878 of 2010(Q)


1. ABDUL NAZEER, S/O. AHAMMED KOYA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DETECTIVE INSPECTOR,

                For Petitioner  :SRI.P.BHASKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :26/11/2010

 O R D E R

M.Sasidharan Nambiar, J.

————————–

O.P.(Crl.)No.878 of 2010 Q

————————–

JUDGMNET

This petition is filed under Article 227 of

constitution of India for a direction to the

learned Sessions Judge to consider and pass orders

on Exhibits P2 to P4 within a time frame.

2. Learned counsel appearing for the petitioner

was heard.

3. By Exhibit P1 order, petition filed by the

petitioner under Section 451 of Code of Criminal

Procedure was dismissed. Exhibit P2 revision was

filed challenging Exhibit P1 order. Exhibit P3 is a

petition filed in the revision for releasing the

passport, which is the very same prayer to be

considered in the revision. Exhibit P4 is a

petition filed to advance the case.

4. It is for the learned Sessions Judge to

consider whether a revision will lie against

Exhibit P1 order. When the relief sought for in

OPCR 878/10 2

Exhibit P3 is the very same relief which is to be

granted in Exhibit P2, learned Sessions Judge will

not be in a position to grant interim relief as

sought for. Whatever it be, it is for the learned

Sessions Judge to consider Exhibits P2 to P4 and

pass appropriate order in accordance with law.

Petition is disposed directing Sessions Judge,

Kozhikode to consider Exhibits P2 to P4 and pass

appropriate order, in accordance with law, as

expeditiously as possible, at any rate, within one

month from the date of receipt of a copy of this

judgment.

26th November, 2010 (M.Sasidharan Nambiar, Judge)
tkv