Crl.MC No.5371/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
CRL.M.APPL.NO.1/2022 IN CRL.MC NO. 5371 OF 2022
CRIME NO.813/2018 OF Kattappana Police Station, Idukki
PETITIONER/PETITIONER :
C.V.ELIAS AGED 63 YEARS S/O VARGHESE, CHANDANASSERIL HOUSE
KATTAPPANA P.O., KATTAPPANA VILLAGE, KATTAPPANA, IDUKKI TALUK,
IDUKKI DISTRICT, PIN - 685508
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA,
IDUKKI DISTRICT , PIN - 685508
3. JAMES MATHAI AGED 69 YEARS S/O MATHAI CHACKO, MANNUTHARA HOUSE,
KATTAPPANA P.O., KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT ,
PIN - 685508
Application praying that in the circumstances stated therein the
High Court be pleased to stay all further proceedings leading to
Annexure-5 final report in Crime No.813/2018 on the files of Kattappana
Police Station and the taking cognisance of the same as C.C. No.808/2018
by Judicial First Class Magistrate Court, Kattapana as against the
petitioner, till the disposal of the crl.M.C., in the interest of
justice.
This Application coming on for admission upon perusing the
application and upon hearing the arguments of Mr.VARGHESE C.KURIAKOSE,
Advocate for the petitioner and the Public Prosecutor for R1 and R2, the
court passed the following:
Crl.MC No.5371/2022 2/4
Crl.M.C.No.5371/2022 1
ZIYAD RAHMAN A.A., J.
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Crl.M.C.No.5371 of 2022
and
Crl.M.Appln.No.1 of 2022
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Dated this the 10th day of August, 2022
ORDER
Admit. Learned Public Prosecutor takes notice for respondents 1 and 2. Issue notice to the 3 rd respondent. Crl.M.Appln.No.1 of 2022 Basic contention put forward by the petitioner is that, the dispute involved is civil in nature. It is also pointed out that, as far as the petitioner who is the 2 nd accused is concerned, there are no materials indicating his direct involvement in the matter. He also places reliance upon the contention which the de facto complainant has taken in O.S.No.2 of 2018, which culminated in Annexure-1 judgment passed by the Subordinate Judge's Court, Thiruvalla. On perusal of the records including the contention which the de fact complainant has taken in O.S.No.2 of 2018, I find a prima facie case in favour of the petitioner. Therefore, there Crl.MC No.5371/2022 3/4 Crl.M.C.No.5371/2022 2 shall be an interim order staying all further proceedings in C.C.No.808 of 2018 on the files of the Judicial First Class Magistrate Court, Kattappana, as against the petitioner, for a period of four months.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/10.8.22
10-08-2022 /True Copy/ Assistant Registrar
Crl.MC No.5371/2022 4/4
APPENDIX OF CRL.MC 5371/2022
Annexure 1 TRUE PHOTOCOPY OF JUDGMENT DATED 28.02.2020 IN
O.S.NO.2/2018 OF THE SUBORDINATE JUDGE'S COURT THIRUVALLA Annexure 5 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.813/2018 WHICH IS TAKEN COGNISANCE AS C.C.NO.808/2018 DATED 30.11.2018