Linta Kurian vs State Of Kerala
2021 Latest Caselaw 23891 Ker

Crl.MC No.1859/2020                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MRS. JUSTICE M.R.ANITHA
          Saturday, the 4th day of December 2021 / 13th Agrahayana, 1943
                 CRL.M.APPL.NO.1/2020 IN CRL.MC NO. 1859 OF 2020
               CRIME NO.329/20161 OF Idukki Police Station, Idukki
          CC 543/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, IDUKKI
   PETITIONER/PETITIONER/ACCUSED NO.3 :

          LINTA KURIAN AGED 30 YEARS D/O KURIAN,KUMBAATU
          HOUSE,THADIYAMPAD.P.O,IDUKKI VILLAGE, IDUKKI DISTRICT.

   RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT :

       1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA,ERNAKULAM-682031.
       2. GRACY VARGHESE, W/O VARGHESE,NELLIANIKKAL HOUSE, IDUKKI
          COLONY.P.O,IDUKKI VILLAGE, IDUKKI DISTRICT.


        Application praying that in the circumstances stated therein the
   High Court be pleased to stay all further proceedings in C.C. No. 543 of
   2018 of Judicial First Class Magistrate Court, Idukki pending final
   disposal of the above Crl.M.C, in the interest of justice.


        This Application coming on for orders upon perusing the application
   and upon hearing the arguments of Mr. BINU PAUL, Advocate for the
   petitioner and the Public Prosecutor for the 1st respondent, the court
   passed the following:




                                       ORDER

 Crl.MC No.1859/2020                          2/4




                                M.R.ANITHA, J.

-----------------------------------------

Crl.M.C. No. 1859 of 2020

----------------------------------------- Dated this the 4th day of December, 2021

ORDER

Admit. The learned Public Prosecutor takes

notice for the 1st respondent. Issue notice to

the 2nd respondent.

Post after a month.

Crl.M.Appl.No. 1 of 2020

The petitioner is the 3rd accused in FIR No.329

of 2016 of Idukki Police Station. According to

the petitioner, the trial against accused Nos.

been completed and it ended in acquittal as

per judgment in CC No. 253 of 2016 dated

29.09.2018. She produced Annexure A4 judgment

to prove the same. The case against the

petitioner was split up. According to the

petitioner, she is in Canada and because of Crl.MC No.1859/2020 3/4

Crl.M.C. No. 1859 of 2020

..2..

the pendency of this case, her passport cannot

be renewed.

2. This Crl.M.C. has been filed seeking to quash

all further proceedings in CC No.543 of 2018

on the file of the Judicial First Class

Magistrate Court, Idukki, arising from FIR

No.329 of 2016 of Idukki Police Station. The

case against accused 1 and 2, who are the

parents of the petitioner/3rd accused, already

ended in acquittal.

3. In such circumstances, there will be an

interim stay of all further proceedings in CC

No. 543 of 2018 on the file of the Judicial

First Class Magistrate Court, Idukki, till the

next posting date.

Sd/-

M.R.ANITHA JUDGE

bka/04.12.2021

Hand over

04-12-2021 /True Copy/ Assistant Registrar Crl.MC No.1859/2020 4/4

APPENDIX OF CRL.MC 1859/2020 ANNEXURE A4 TRUE COPY OF THE JUDGMENT IN CC.253/16 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,IDUKKI DATED 29.09.2018.