ABOOBACKER Vs. DISTRICT COLLECTOR, KASARAGOD

JUDGEMENT

(1.) The petitioner, who was one of the sureties for the accused in SC No.533/2016 on the file of the Court of the Additional Sessions Judge-I, Kasaragod, has approached this Court seeking to stay all further proceedings in Ext.P1 demand notice issued by the 2nd respondent.

(2.) The petitioner states that he stood as a surety for the accused in SC No.533/2016 which was registered for an offence punishable under Sec. 354 IPC and Ss. 7 and 8 of the Protection of Children from Sexual Offences Act. The Additional Sessions Judge-I, Kasaragod registered MC No.48/2018 against the petitioner and another for realising an amount of ?35,000/- each for the non-appearance of the accused before the court. Ext.P1 demand notice dtd. 7/8/2020 has been issued to the petitioner.

(3.) The petitioner states that neither the petitioner nor the accused has received any summons or intimation from the Additional Sessions Judge-I, Kasaragod warranting their appearance before the court. The petitioner came to know about the proceedings only when demand for revenue recovery was received. The petitioner states that he is suffering from mental issues for the past several years and has kidney related problems also. The petitioner is having 23 Cents of land and a small residential building. His family consists of wife and six children. If Ext.P1 notice is executed, the petitioner and his family will be thrown to streets.