LAWS(KER)-2019-9-45

SABIR Vs. SAJEER

Decided On September 02, 2019
SABIR Appellant
V/S
Sajeer Respondents

JUDGEMENT

(1.) Though it is stated in the averments of the Crl.M.C.s that what is produced as Annexure-A1 is the final report in the respective cases, it is seen that what has been produced as Annexure-A1 is the FIR in the crime and not the final report in respect of each of the cases. Further, what has been produced as Annexure-A1 is not the certified copy. On a perusal of Crl.M.C No.5051/2019, it is stated by the petitioners that the 5 petitioners therein are the accused Nos.1, 4, 8, 10 and 11. However, on comparing the names of the accused persons shown in Annexure-A1 FIR given on pages 10 and 11 of this Crl.M.C., it is seen that the accused Nos.1, 4, 8, 10 and 11 are different persons. So also it is seen that the 2 nd petitioner in Crl.M.C. No.5046/2019 is stated to be accused No.9 whereas the accused No.9 is one Subair and not Rashid. Further, the petitioner has not produced the respective final reports in these cases and has not stated as to which are the offences involved in each of these 4 cases. So also, it is not appraise to this Court as to how there is a committal proceedings (CP) in relation to Crl.M.C.No.5040/2019. As going by the Annexure-A1 FIR, almost all the offences prima facie appears to be triable by the Magistrate Court and not triable exclusively by the Sessions Court. The learned counsel for the appellant has not given any proper satisfactory answer to these queries. Sri. J.R. Prem Navaz, learned counsel appearing for the petitioners submits on the basis of instructions of the parties that leave may be granted to the petitioners to withdraw these 4 Crl.M.C.s with liberty to file fresh and comprehensive Crl.M.C.s producing thereby the certified copy of the FIR as well as the certified copy of the final report and also to give the details of how the case has been split up and as to the offences involved in each of these cases etc. The liberty is accorded to the petitioners to work out their remedies in accordance with the law.

(2.) It is also ordered that the Registry will return back the originals of Annexure-A2, A3 and A4 affidavits to the petitioner's counsel, if a request in that regard is made. However, the Registry will ensure that the photocopy of these documents are placed in the respective case files for the purpose and maintenance of records. With the abovesaid liberty, the above Crl.M.C.s are dismissed as withdrawn.