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