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T.FAROOK, AGED 30 YEARS versus STATE

High Court of Kerala

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T.FAROOK, AGED 30 YEARS v. STATE-REPRESENTED BY PUBLIC PROSECUTOR - Crl MC No. 1675 of 2007 [2007] RD-KL 8513 (24 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1675 of 2007()

1. T.FAROOK, AGED 30 YEARS,
... Petitioner

Vs

1. STATE-REPRESENTED BY PUBLIC PROSECUTOR,
... Respondent

For Petitioner :SRI.M.SASINDRAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :24/05/2007

O R D E R

R.BASANT, J.

Crl.M.C.No.1675 of 2007

Dated this the 24th day of May 2007

O R D E R

The petitioner faces indictment in a prosecution under Sections 323 and 324 I.P.C. All the offences are compoundable. Composition has been effected. The petitioner wants to appear before the learned Magistrate and report composition. But the petitioner apprehends that the learned Magistrate may not consider the application for composition expeditiously. The petitioner apprehends that the learned Magistrate may remand him to custody to some other date and insist that the petitioner must continue in custody for some period of time before the application for composition is taken up for consideration.

2. I have no reason to believe that any Magistrate would follow such a strange procedure when matter is reported to be compounded and such application for composition is filed sufficiently early in the day. The learned Magistrate must proceed to consider the application for composition immediately and should not unnecessarily insist that the petitioner must Crl.M.C.No.1675/07 2 continue in custody for any length of time. No special or specific directions need be issued as I do not apprehend that any Magistrate would resort to such an oppressive procedure.

3. In the result, this Criminal Miscellaneous Case is dismissed but with the observation that the learned Magistrate must consider the application for composition on the date of its filing itself if the same is filed on or before the commencement of the proceedings. Hand over copy of this order to the learned counsel for the petitioner today itself.

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge Crl.M.C.No.1675/07 3 Crl.M.C.No.1675/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF APRIL 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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