IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF JULY 2022/16TH ASHADHA, 1944
CRL.MC NO. 2271 OF 2020
CC 40/2011 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I,PALAKKAD
PETITIONER/ACCUSED NO.1:
JAISON MATHEW, AGED 58,
S/O. M.V.MATHAI, MUTHAT HOUSE,
VADAKKUMCHERY, PALAKKAD,
NOW RESIDING AT E-3, SOUMYA NAGAR,
EDAPALLY P.O., ERNAKULAM-682 024.
BY ADVS.
P.S.SUJETH
SRI.R.ARUN (PALLURUTHY)
SRI.E.S.SANEEJ
SRI.N.ABHILASH
SHRI.DEEPU RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA,
BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REP. BY SI OF POLICE,
TOWN SOUTH POLICE STATION,
PALAKKAD-682 031.
2 S.MURALI, AGED 59,
S/O.LATE P.E.SUKUMARAN KARTHA,
MALANADU CEMENTS & ALLIED PRODUCTS (P) LTD.,
R/O.42/1685, PAWATHIL ROAD,
AYYAPPANKAVU, KOCHI-682 018.
BY ADV SRI.S.SUDHISH KUMAR-R2
ADV.HRITHIK,SR.P.P.-R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.2271/2020
:2 :
ORDER
Dated this the 7th day of July, 2022 This Crl.M.C. is filed by accused No.1 in C.C. No.40/2021 pending before the Judicial First Class Magistrate's Court-I, Palakkad. The aforesaid case arises from crime No.85/2006 of Walayar Police Station, which was registered for the offences punishable under Sections 420 and 467 of the Indian Penal Code. Annexure-1 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-1 final report.
2. Heard Sri. Sujeth P.S., the learned counsel appearing for the petitioner, Sri. C.S. Hrithwik, the learned Public Prosecutor for the State and Sri. S. Sudheesh Kumar, the learned counsel appearing for the 2nd respondent/defacto complainant.
3. When the Crl.M.C. came up for consideration, the learned counsel for the 2nd respondent points out that, this Crl.M.C. was filed at a stage when the case was posted for final Crl.M.C.No.2271/2020 :3 : hearing. Annexure R2(c) proceedings of the Court was also relied on. A perusal of the same would indicate that, the prosecution evidence is already completed and the accused were examined under Section 313 Cr.P.C. on 04.12.2019. Subsequently, on several days, the matter was posted for defence evidence and the accused were seeking adjournments for defence evidence. On 19.02.2020, it was reported that they are not intending to adduce any defence evidence. Accordingly, the matter was posted of hearing on 04.03.2020. Later, this Crl.M.C. was submitted by the petitioner seeking for quashing the proceedings and the same is now pending consideration.
4. Even though, various contentions have been taken by the petitioner, I am of the view that since the trial of the case is on its last stages, it is not necessary for this Court to go into the aforesaid aspects. All the contentions which the petitioner raised can be taken before the trial court and the same can be considered by the trial court on the basis of the evidence adduced. It is not necessary for this Court to appreciate the evidence in this stage and take a decision. Crl.M.C.No.2271/2020 :4 : In such circumstances, I do not find any merit in this Crl.M.C. and accordingly, it is dismissed without prejudice to the contentions and rights of the petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE ncd/09.07.2022 Crl.M.C.No.2271/2020 :5 : APPENDIX OF CRL.MC 2271/2020 PETITIONER'S ANNEXURES ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PALAKKAD.
ANNEXURE 2 TRUE CERTIFIED COPY OF THE PROTEST
COMPLAINT IN CC NO.40/2011 IN CRIME
85/2006 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, PALAKKAD.
ANNEXURE 3 THE TRUE CERTIFIED COPY OF THE EVIDENCE
OF PW1 IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.
ANNEXURE 4 THE TRUE COPY OF THE ORDER DATED
22.01.2011 IN CRL.MP 1150/2010 OF
JUDICIAL FIST CLASS MAGISTRATE COURT-I, PALAKKAD.
ANNEXURE THE TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.MC 203/2012 DATED 11.06.2018 OF THIS HON'BLE COURT.
ANNEXURE 6 THE TRUE PHOTOCOPY OF THE FINAL REPORT IN FIR 879/2011 IN CC 22/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. ANNEXURE 7 THE TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.MC.6506/2015 DATED 20.08.2018. ANNEXURE 8 THE TRUE CERTIFIED COPY OF THE RECEIPT OF THE COMPLAINANT ALONGWITH LEGIBLE COPY IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.
ANNEXURE 9 THE TRUE CERTIFIED COPY OF THE LETTER DATED 19.04.2010 ISSUED BY COMPLAINANT IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.