MADUKOLU CHIBUZOR SAMSON v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-01. MADUKOLU CHIBUZOR SAMSON v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN ST THURSDAY, THE 1 DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 42593 OF 2023 PETITIONER: 1 MADUKOLU CHIBUZOR SAMSON, AGED 36 YEARS, S/O GODFREY ARINZER MADUKOLU PERMANENTLY RESIDING AT ANANBRA STATE, ONITSHA DISTRICT, AMANUKE TOWAN VILLAGE, AKWA NORTH, NIGERIA - 420115 PRESENTLY DETAINED AT TRANSIT HOME, MAYYANADU P. O. , KOTTIYAM, KOLLAM, PIN - 691571 2 CHRISTIAN MADUABUCHI ABUCHI, AGED 44 YEARS, COLNUS, LATE OWERRI (TOWN), MBANO IMO STATE, NIGERIA - 460271 PRESENTLY DETAINED AT TRANSIT HOME, MAYYANADU P. O.
, KOTTIYAM, KOLLAM, PIN - 691571 BY ADV NIHARIKA HEMA RAJ RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 FOREIGN REGIONAL REGISTRATION OFFICER (FRRO), COCHIN INTERNATIONAL AIRPORT, 2ND FLOOR, AIRLINES BUILDING, NEDUMBASSERY, PIN - 683111 3 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001 4 THE STATION HOUSE OFFICER GURUVAYUR TEMPLE POLICE STATION, MELPATHUR ROAD, SOUTH NADA, THRISSUR, PIN - 680101 5 THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, THRISSUR, PIN - 680006 BY ADV. Girish Kumar V SMT. DEEPA NARAYANAN, SR. GP. & DSGI INCHARGE T. C. KRISHNA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01. 08. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.
42593 OF 2023 JUDGMENT I am in complete agreement with the learned counsel for the petitioners, that the continued detention of the petitioners for more than five years, for offences which are punishable with imprisonment for a maximum period of one year, is illegal and unjustified. In such circumstances, the submission of the learned Government Pleader that the case against the petitioners now stands posted to 09. 09. 2024 assumes importance. In my opinion, it will be appropriate to decide the case against the petitioners at the earliest. The writ petition is hence disposed of, directing the Judicial First Class Magistrate, Chavakkad to conduct trial and dispose of C. C. No. 327 of 2024 before 31. 12. 2024. Sd/- V. G. ARUN JUDGE msp APPENDIX OF WP(C) 42593/2023 A TRUE COPY OF THE FIR DATED 17. 12. 2018 IN CRIME NO. 0608 OF 2018 OF GURUVAYUR TEMPLE POLICE STATION, THRISSUR TRUE COPY OF THE PASSPORT OF THE 1ST PETITIONER ISSUED ON 30. 08.
2022 TRUE COPY OF THE PASSPORT OF THE 2ND PETITIONER ISSUED ON 31. 08. 2022 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CRL. M. C. NO. 5300 OF 2020 18. 12. 2020 TRUE COPY OF THE DETENTION ORDER NO. 30/BOL/CAP/2020DATED 05. 03. 2020 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 19. 10. 2022 IN CRL. M. C. NO. 561 OF 2022 A true copy of the Judgment dated 18. 12. 2020 in Crl. M. C 5300 of 2020 of this Honourable Court A true copy of the interim order dated 20. 10. 2022 in WP(Crl ) No. 96 of 2022 of this Honourable Court A true copy of the judgment in Crl. P. No. 6578 of 2019 by the Hon'ble High Court of Karnataka dated 19. 05. 2020 A true copy of judgment dated 04. 09. 2020 in Crl. P. 200595 of 2020 of the Hon'ble High Court of Karnataka
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