High Court Kerala High Court

Muhammed Issahak vs K.K. Abdul Salam on 29 May, 2008

Kerala High Court
Muhammed Issahak vs K.K. Abdul Salam on 29 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 95 of 2007()


1. MUHAMMED ISSAHAK,
                      ...  Petitioner
2. K. AHMED KUTTY, S/O. HAMSA HAJI,

                        Vs



1. K.K. ABDUL SALAM,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :29/05/2008

 O R D E R
                             R. BASANT, J.
                -----------------------------------------------
                       Tr.P(Crl)No. 95 OF 2007
                -----------------------------------------------
               Dated this the 29th day of May, 2008

                                O R D E R

Petitioners are accused in prosecution under Section 138 of

the Negotiable Instruments Act. Cognizance was taken as early

as in 2006. The matter is dragging on. Evidence of the

complainant has already been recorded. The matter stood posted

for Section 313 examination of the accused on 10.12.2007. It was

adjourned to 15.12.2007 and 29.12.2007. Accused did not appear

and applied for extension of time. On 21.12.2007 this application

has been filed with a prayer that the case may be directed to be

transferred to some other court of competent jurisdiction.

2. What is the reason ? The petitioners complain that they

are mortally afraid, and have been threatened, that harm will be

done to them if they were to proceed to take part in the

proceedings. Report of the learned Magistrate was called for to

ascertain. If any such complaint of any difficulty for the petitioners

to appear in court had ever been raised. No such complaint is

seen made before the learned Magistrate promptly. No complaint

Tr.P(Crl) No. 95 OF 2007
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filed before the police complaining about any such high handed

action on the part of the complainant and the adversaries of the

petitioners is brought to my notice. There is no case that this

grievance was ever brought to the notice of the court concerned,

or the officials responsible for maintenance of law and order. The

conclusion appears to be inevitable, in these circumstances, that

the attempt is now being made only to protract and drag on the

proceedings and I am not persuaded to agree that there are any

circumstances which can justify the request to direct transfer the

case from the court before which it is pending. I am of the opinion

that this petition only deserves to be dismissed. This petition is

accordingly dismissed.

3. Needless to say, the dismissal of this petition will not fetter

the right of the petitioners to take appropriate action under law to

complain about any such threat in future and to claim protection.

R. BASANT, JUDGE
ttb

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