CRL.MC No. 4012 of 2008 · Kerala High Court
Case at a glance
- Decided
- 24 Oct 2008
- Bench
- R BASANT
Outcome
Dismissed
In the result, this petition is dismissed subject to the
Provisions considered
- Indian Penal Code, 1860 s. 326
- Code of Criminal Procedure, 1973 s. 482
Key paragraphs
- Para 33. In the result, this petition is dismissed subject to the above specific observations.
Judgment
BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------
SMT.SARAH, W/O. UMMEROOTY (LATE), KIZHAKKETHIL VEEDU, KOORKAPARAMBU, NADUVATTOM , KOPPAM, PATTAMBI PALAKKAD (D.T), WEST HILL KOZHIKODE. S.I.OF POLICE, PATTAMBI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4012 of 2008 ---------------------------------------- Dated this the 24th day of October 2008
O R D E R The petitioner, who faces allegations in a crime registered alleging offences punishable inter alia under Section 326 I.P.C; who has not appeared before the learned Magistrate or the investigating officer so far; whose applications for anticipatory bail have already been dismissed by the Sessions Court and who apprehends imminent arrest in execution of such processes has come to this court with the prayer that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to comply with the directions in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339] and to consider his application for bail to be filed by him when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously.
2. Sufficient general directions have already been issued in Alice George (Supra). It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that Crl.M.C.No.4012/2008 2 the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner.
Operative part
In the result, this petition is dismissed subject to the above specific observations.
Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) Crl.M.C.No.4012/2008 3 Crl.M.C.No.4012/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, this petition is dismissed subject to the
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 326; Code of Criminal Procedure, 1973 — s. 482.
Which court decided this case, and when?
Kerala High Court, on 24 Oct 2008. The bench was R BASANT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.