Kerala High Court
Madan Mohan vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3630 OF 2024
CRIME NO.134/2019 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 02.08.2023 IN CMP 2792/2023
IN CC NO.417 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
MADAN MOHAN
AGED 69 YEARS, S/O GANGADHARAN, VADAKKEMADATHIL
HOUSE NO.3, STADIUM PARK VILLA, STADIUM LINK ROAD,
KALOOR, ERNAKULAM DISTRICT - 682 017
BY ADVS.
C. DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031
2 SUFFERULLAH
AGED 61 YEARS, S/O ELIYAS KUNJU, 1B, ABAD CLOUD NINE,
GIRINAGAR, NEAR PASSPORT OFFICE, ELAMKULAM VILLAGE,
PANAMPILLY NAGAR, ERNAKULAM - 682 036
BY ADV.
SMT. SEETHA S, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. M.C. NO.3630 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No. 3630 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous case is filed to quash the proceedings in C.C. No.417/2019 on the files of Judicial Magistrate of First Class - IX, Ernakulam arising from Crime No.134/2019 of Palarivattom Police Station.
Admittedly, the petitioner filed a discharge petition, which is dismissed as per Annexure-A3 order. If that be the case, the petitioner can file a revision before the Sessions Court. At this stage, the learned counsel for the petitioner submitted that, the case is posted for framing charges. The framing of charge can CRL. M.C. NO.3630 OF 2024 3 be deferred for a period of two weeks, so that, the petitioner can approach the Sessions Court.
Therefore, this Criminal Miscellaneous Case is disposed of with the following directions;
1. The petitioner is free to challenge Annexure-A3 before the Sessions Court, if he is advised to do so.
2. The framing of charge in C.C. No.417/2019, as against the petitioner, is deferred for a period of two weeks.
3. The Registry will return the certified copy of Annexure-A3 to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE CRL. M.C. NO.3630 OF 2024 4 APPENDIX OF CRL.MC 3630/2024 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR ALONG WITH STATEMENT IN CRIME NO.134/2019 OF PALARIVATTOM POLICE STATION, ERNAKULAM DATED 22-01-2019 ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.134/2019 OF PALARIVATTOM POLICE STATION, ERNAKULAM NOW PENDING AS CC NO. 417/2019 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS -IX, ERNAKULAM DATED 25-06-2019 ANNEXURE 3 THE CERTIFIED COPY OF THE ORDER DATED 02-08-2023 IN CMP NO. 2792/2023 IN CC NO.417/2019 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE