IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 28081 of 2011(I) -------------------------------------- PETITIONER(S): ---------------------- HAMZA, S/O.MOHAMMED HAJI, PALLATH HOUSE, THRIKKALUR PO., MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNARKAD, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. 2. REVENUE DIVISIONAL OFFICER, OTTAPPALAM - 679 101. 3. REGIONAL PASSPORT OFFICER, MALAPPURAM - 676 575. 4. ADDL.R4- BASHEER, S/O.MOHAMMED, THEKKUMPURAYIL HOUSE, THRIKKALLUR, POTTASSERY,MANNARKKAD. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14.12.2011 IN IA.20064/2011) R1 TO R3 PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL R4 BY ADV. SRI. M. PREMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 28081/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE F.I.R. IN CRIME NO. 523/1998 ON THE FILE OF MANNARAKKAD POLICE STATION P2 COPY OF THE COMMUNICATION DATED 27.09.2011 ISSUED BY THE PASSPORT OFFICE, MALAPPURAM P3 COPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT P4 COPY OF HE COMMUNICATION NO. 20/RTI/P1/11 DATED 05.10.2011 P5 COPY OF THE COMMUNICATION SENT BY THE INFORMATION OFFICER, JFCM, MANNARKKAD DATED 12.08.2011 P6 COPY OF THE COMMUNICATION DATED 27.10.2011 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, OTTAPPALAM P7 COPY OF AN AFFIDAVIT ATTESTED BY THE NOTARY RESPONDENT'S EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD N.K.BALAKRISHNAN, J. -------------------------------- W.P.(C). No.28081 of 2011 ------------------------------------- Dated this the 21st day of December 2011 J U D G M E N T Petitioner is the 2nd accused in Crime No.523/1998 of Mannarkkad Police Station. That crime was registered against the petitioner and other accused persons alleging offences punishable under Secs.143, 147, 148, 452, 427 and 506(ii) r/w 149 IPC. 2. Learned counsel for the petitioner submits that no summons was received by the accused though a crime was stated to have been registered against him in the year 1998. Learned counsel submits that petitioner received a notice from the Passport Office stating that a criminal case has been registered against him and it is still under trial in the court of law. Therefore, a detailed statement has been called for from the police explaining the circumstances. It has been stated by the police officer that there was no entry in the pendency register of that police station from 2002 onwards and when notice was received from this Court, the present S.I. verified the W.P.(C). No.28081 of 2011 -: 2 :- records and then it could be noticed that a charge sheet was laid before the court on 15.7.2002 but it was returned finding out some omissions. But it was not re-presented by the then S.I. of Police. The case file was misplaced some where. The present S.I. could trace out the said case file and re-present the charge sheet only on 17.11.2011. That long delay of 9 years in filing/re- present the charge sheet itself is sufficient to quash the proceeding, the learned counsel submits. That apart the de facto complainant in that case impleaded as supplemental R4, who is represented in this Court has filed an affidavit before this Court stating that the entire matter has been settled and he has no grievance in the matter. 3. Hence, the entire proceeding as against this petitioner in Crime No.523/1998 of Mannarkkad Police Station (which is now pending as C.C.No.479/2011 on the file of J.F.C.M., Mannarkkad) is quashed. This writ petition is disposed of as above. N.K.BALAKRISHNAN, J UDGE. Jvt