High CourtsSingle Bench(2010) 11 KL CK 0294

Abdul Nazeer vs State of Kerala and The Detective Inspector

High Court Of Kerala · Decided on 26 November 2010

HON’BLE JUDGES
Sasidharan Nambiar, J
CASE NUMBER
OP (Criminal) No. 878 of 2010 (Q)

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Judgment

11 paragraphs · 230 words

M. Sasidharan Nambiar, J.—This petition is filed under Article 227 of constitution of India for a direction to the learned Sessions Judge to

consider and pass orders on Exhibits P2 to P4 within a time frame.

2.

Learned Counsel appearing for the Petitioner was heard.

3.

By Exhibit P1 order, petition filed by the Petitioner u/s 451 of Code of Criminal Procedure was dismissed. Exhibit P2 revision was filed

challenging Exhibit P1 order. Exhibit P3 is a petition filed in the revision for releasing the passport, which is the very same prayer to be considered

in the revision. Exhibit P4 is a petition filed to advance the case.

4.

It is for the learned Sessions Judge to consider whether a revision will lie against Exhibit P1 order. When the relief sought for in Exhibit P3 is the

very same relief which is to be granted in Exhibit P2, learned Sessions Judge will not be in a position to grant interim relief as sought for. Whatever

it be, it is for the learned Sessions Judge to consider Exhibits P2 to P4 and pass appropriate order in accordance with law.

Petition is disposed directing Sessions Judge, Kozhikode to consider Exhibits P2 to P4 and pass appropriate order, in accordance with law, as

expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.