IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1213 of 2011() ------------------------- CC.36/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S): ACCUSED NO.6 --------------------------- S.ISMAIL, S/O. HAJI HASSAN SAHIB, AGED 83 YEARS, GLENORA HOUSE NO.20/546, PANNIYANKARA, KOZHIKODE DISTRICT. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): STATE COMPLAINANT -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE CBCID, KOZHIKODE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KOLAKKADAN MOSSA HAJI, S/O.ABBOBACKER, AGED 60 YEARS, KODIYATHUR AMSOM CHERUVADI DESOM, KOZHIKODE-673358. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1213 of 2011 ==================================== Dated this the 12th day of April, 2011 O R D E R Petitioner is the 6th accused in C.C. No.36 of 2006 of the court of learned Judicial First Class Magistrate-I, Kozhikode for offences punishable under Sections 406, 420, 468, 463, 471, 477A and 120B read with Section 34 of the Indian Penal Code. Petitioner is said to be a member of the Executive Committee of JDT Islam Orphanage in respect of which the said offences are alleged to be committed. Petitioner filed C.M.P. No.2080 of 2008 seeking discharge while the 4th accused (said to be another member of the Executive Committee) filed C.M.P. No.2081 of 2008 for the same relief. Learned Magistrate dismissed both the petitions which were confirmed by the learned Additional Sessions Judge in Crl. R.P. Nos.104 and 113 of 2008. The 4th accused challenged the orders against him in this Court in Crl. M.C. No.606 of 2011 and this Court by Annexure-3, order dated 25.03.2011 set aside the said orders concerning the 4th accused and remitted C.M.P. No.2081 of 2008 to the learned Magistrate for fresh decision giving certain directions in the matter. Dismissal of C.M.P. CRL.M.C. No.1213 of 2011 -: 2 :- No.2080 of 2008 filed by petitioner and confirmed by the learned Additional Sessions Judge in Crl. R.P. No.113 of 2008 is under challenge in this proceeding. Learned counsel contended that in the light of Annexure-3, order dated 25.03.2011 in Crl. M.C. No.606 of 2011 orders challenged by the petitioner also has to go and the matter remitted to the learned Judicial First Class Magistrate for fresh decision. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. I am inclined to agree with the learned counsel. Learned Magistrate disposed of C.M.P. No.2080 of 2008 and C.M.P. No.2081 of 2008 filed by similarly placed 4th accused on very same ground and that was confirmed by the learned Additional Sessions Judge. In the matter of 4th accused this Court found that the matter requires fresh consideration by the learned Magistrate. In the light of Annexure-3, order I am inclined to think that the same relief has to be granted to the petitioner as well. Resultantly, Criminal Miscellaneous Case is allowed. The impugned order on C.M.P. No.2080 of 2008 as confirmed in Crl. R.P. No.113 of 2008 is set aside and C.M.P. No.2080 of 2008 is remitted to the court of learned Judicial First Class Magistrate-I, CRL.M.C. No.1213 of 2011 -: 3 :- Kozhikode for fresh decision in accordance with the direction contained in Annexure-3, order dated 25.03.2001 in Crl. M.C. No.606 of 2011 of this Court. THOMAS P. JOSEPH, JUDGE. vsv