Mohammed Yasin vs State Of Kerala Represented By on 7 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2749 of 2007()


1. MOHAMMED YASIN,S/O.ABOOBACKER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. KARUPPAYIL SIVADASAN,S/O. BALAKRISHNAN,

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  :SRI.P.M.AMMU

The Hon'ble MR. Justice R.BASANT

 Dated :07/09/2007

 O R D E R
                               R. BASANT, J.
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                Crl.M.C.Nos. 2749 & 2752 of 2007
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            Dated this the 7th day of September, 2007

                                  O R D E R

The petitioners in these Crl.M.Cs. are accused 2 and 3 in a

prosecution for offences punishable under Sections 283 and 323

I.P.C. Altogether there were three accused persons. The first accused

faced trial. He was found guilty and convicted under Section 323

I.P.C. He was acquitted under Section 283 I.P.C. The case against

the petitioners were split up and re-filed. The petitioners have

subsequently appeared before the learned Magistrate, it is submitted.

According to the petitioners, they are employed abroad. They want to

see the end of these prosecutions against them. They want to plead

guilty under Section 283 I.P.C. The defacto complainant has

compounded the offence punishable under Section 323 I.P.C. But the

petitioners are not able to get their plea of guilty recorded and

composition accepted in as much as there is no incumbent occupying

the Chair of the Magistrate. The learned Munsiff of Tirur is holding

charge of the Magistrate also, it is submitted.

Crl.M.C.Nos. 2749 & 2752 of 2007
2

2. The learned counsel for the petitioners, after discussions at the

Bar, submits that the petitioners shall be satisfied if this court directs the

learned Munsiff holding charge of the Court of the Magistrate to consider

the plea of guilty of the petitioners under Section 283 I.P.C. and the request

for composition of the offence under Section 323 I.P.C.

3. I consider the said request to be absolutely reasonable.

Notwithstanding the fact that the learned Munsiff may be saddled with the

responsibility of both courts, I am satisfied that the learned Munsiff holding

charge as Magistrate must forthwith consider the prayer of the petitioners to

permit them to plead guilty for offence under Section 283 and to pray for

composition of the offence under Section 323 I.P.C.

4. The learned counsel for the petitioners submits that the petitioners

have to leave for their place of employment abroad and in these

circumstances such plea of guilty under Section 283 and the prayer for

composition under Section 323 I.P.C. may be permitted to be made through

their counsel. I need only observe that if proper steps are taken and proper

applications are made, the learned Munsiff must consider such request

without insisting on the personal presence of the petitioners.

Crl.M.C.Nos. 2749 & 2752 of 2007
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5. With the above observations, these Crl.M.Cs. are allowed to the

above extent.

(R. BASANT)
Judge
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