IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
CRL.M.APPLN.1/2022 IN CRL.MC NO. 3236 OF 2022
CRIME NO.1156/2020 OF Town West Police Station, Thrissur
CC 1018/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR, THRISSUR
PETITIONER/PETITIONER/ACCUSED
SHAJAN SKARIAH, AGED 49 YEARS, S/O SKARIA, KARIYILAKULAM HOUSE,
EDAKADATHI P.O., KOTTAYAM PRESENTLY RESIDING AT, VILLA NO. 14,
HIGHLAND PARK, M.L.A. ROAD, KUDAPPNAKKUNNU P.O., THIRUVANANTHAPURAM,
PIN - 695043
RESPONDENTS/STATE & DE-FACTO COMPLAINANT
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
2. THE S.H.O. THRISSUR WEST POLICE STATION, THRISSUR WEST, THRISSUR
CITY DISTRICT, PIN - 680004.
3. DEEPA NISHANTH, AGED 40 YEARS, W/O NISHANTH, THADATHIL HOUSE,
CHANGAMPUZHA NAGAR, KANATTUKARA, AYYANTHOLE VILLAGE, THRISSUR., PIN
- 680011
Petition praying that in the circumstances stated therein the High
Court be pleased to stay all further proceedings in C.C.No.1018/2020 on
the file of the Judicial I Class Magistrate Court-II, Thrissur during the
pendency of the above Crl.M.C. in the interest of justice
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M/s.S.JIJI & M.M.BABY, Advocates for the
petitioner and the PUBLIC PROSECUTOR for the 1st and 2nd respondent, the
Court passed the following:
P.T.O
ZIYAD RAHMAN A. A., J.
===================================
Crl. M. C. No. 3236 of 2022
===================================
Dated this the 31st day of May, 2022
ORDER
Admit.
2. Learned Public Prosecutor takes notice for the respondents 1 and 2.
3. Issue notice to the 3rd respondent.
4. The issue that arises here is whether the permission granted by the learned Magistrate to register a crime in a non-cognizable offence at the instance of the Police is legally sustainable or not, in the light of the statutory stipulation contained under Section 155(1) of the Cr. P. C.
5. The learned counsel for the petitioner relies on the judgment of this Court in Biju v. State of Kerala reported in 2020 (5) KHC
685. On the other hand, learned Public Prosecutor places reliance upon Anto Joseph v. State of Kerala and Others reported in 2016 (3) KHC 832 which holds a different view.
6. In such circumstances, I am of the view that a detailed hearing Crl. M. C. No. 3236 of 2022 -2- of the matter is required.
Accordingly, I am inclined to grant an interim order staying all further proceedings in C.C. No. 1018 of 2020 pending before the Judicial First Class Magistrate Court - II Thrissur, for a period of two months.
Post on 21.06.2022.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb 31-05-2022 /True Copy/ Assistant Registrar