Rasheed vs State Of Kerala on 2 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3276 of 2010()


1. RASHEED, S/O.MUHAMMED IBRAHIM,
                      ...  Petitioner

                        Vs



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

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.M.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/09/2010

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.3276 of 2010
            --------------------------

                       ORDER

This petition is filed under Section 482 of

Code of Criminal Procedure to quash Annexure-A

proclamation issued by Judicial First Class

Magistrate-III, Thiruvananthapuram in C.C.No.

435/2005, affixed on his shop, allegedly showing

him as the 45th accused. Apprehension is that he

will be proceeded against.

2. A report was called for from Judicial First

Class Magistrate-III, Thiruvananthapuram. The

report submitted by the Magistrate shows that 45th

accused is not the petitioner, but Basheer. Learned

Magistrate has also reported that since the address

of Basheer is shown as Saji Foot Wear, Palayam,

Thiruvananthapuram, it was affixed on the shop of

the petitioner as steps have been taken under

Sections 82 and 83 of Code of Criminal Procedure in

that address. Learned Magistrate has also reported

CRMC 3276/10 2

that he has not directed petitioner to appear

before the court as he is not an accused in the

case.

In such circumstances, recording that fact,

finding that there is no reasonable basis for the

apprehension, this petition is disposed.

2nd September, 2010 (M.Sasidharan Nambiar, Judge)
tkv