M.P. SHAHUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the 4th accused in C.C. No.1731 of 2014 on the file of the Judicial First Class Magistrate's Court-V, Kozhikode, challenging the order passed in C.M.P. No.2579 of 2014 in that case under Sec. 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) It is alleged in the petition that the petitioner has been arrayed as 4th accused in C.C. No.1731 of 2014 on the file of the Judicial First Class Magistrate's Court-V, Kozhikode. There was a civil dispute regarding the property between the 5th accused and the others, which prompted the filing of a false complaint, resulted in registration of the crime and the filing of the Final Report.

(3.) According to the petitioner, it is a pure civil dispute. The petitioner is an Advocate Clerk. He met with accidents on 21.12.2009, 21.05.2012 and 14.12.2014 and he suffered fracture of his right leg. He underwent surgery on 3 occasions and internal fixation was done. He was granted bail in the case. Thereafter, he filed Annexure-VII application to dispense with his personal appearance under Sec. 205 of the Code. Thereafter, he met with another accident on 01.02.2016. He has to undergo another surgery on 04.03.2016. He was not able to move about. But the learned Magistrate by Annexure-VIII order dismissed the application. Aggrieved by the same, the present petition has been filed.