U.P.Sreedharan Nair vs Raju
2021 Latest Caselaw 6839 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                    Crl.MC.No.1300 OF 2016(B)

AGAINST THE ORDER/JUDGMENT IN CC 1898/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS, PATTAMBI

     CRIME NO.412/2007 OF Thrithala Police Station, Palakkad

PETITIONERS/ACCUSED NOS.1 TO 4:

      1      U.P.SREEDHARAN NAIR
             AGED 58 YEARS, OORATH PALLIYALIL HOUSE,
             KUMBIDI P.O., PALAKKAD DISTRICT.
      2      MADHAVAN NAIR,
             AGED 60 YEARS,
             MAVANDIYOOR HOUSE, NAIYOOR,
             PANNIYOOR, ANAKKARA P.O., PALAKKAD DISTRICT.
      3      RAJAN
             AGED 48 YEARS
             PANIKETTUM CHOLAYIL HOUSE,
             MANNIYAM PERUMBALAM P.O., KOODALLOOR,
             PALAKKAD DISTRICT.
      4      MADHU
             AGED 40 YEARS,CHEMBOLI HOUSE, PERUMBALAM,
             KUMBIDI P.O., PALAKKAD DISTRICT.

             BY ADVS.
             SRI.P.VIJAYA BHANU (SR.)
             SMT.MITHA SUDHINDRAN
             SRI.M.REVIKRISHNAN

RESPONDENTS/COMPLAINANT & STATE:
      1      RAJU
             AGED 42 YEARS,S/O.VELAPPA,
             UMMATHOOR KUNDUKATTIL HOUSE, KUMBIDI P.O.,
             VIA ANAKKARA, PALAKKAD DISTRICT.
      2      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

             R1 BY ADV. SRI.C.K.MOHANAN
             R2 BY ADV. SRI.RAMESH CHAND, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1300 OF 2016(B)
                                       2



                                  ORDER

After the acquittal of accused for the

offence under Sections 448, 341, 323 r/w Section

34 IPC based on an incident happened on

10.11.2007, the very same defacto complainant

again came up with another complaint after 8

years based on the same transaction, alleging

offence under Sections 406 and 424 IPC. It is

really an abuse of process of the court.

Further, the second complaint stood barred by

limitation under Section 468 Cr.P.C. Hence the

complaint and further proceedings in C.C.No.1898

of 2015 on the file of the Judicial First Class

Magistrate Court, Pattambi are hereby quashed.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.1300 OF 2016(B)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A TRUE COPY OF THE PRIVATE COMPLAINANT PREFERRED BY 1ST RESPONDENT HEREIN BEFORE THE COURT BELOW DATED.1-6-15.

ANNEXURE B TRUE COPY OF THE REFER REPORT IN CRIME NO. 412/07 OF THRITHALA POLICE STATION, PALAKKAD DISTRICT.

ANNEXURE C TRUE COPY OF THE JUDGMENT OF NOT GUILTY AND ACQUITTAL PASSED IN CC 80/2009 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI DATED 30-1-15.

ANNEXURE D TRUE COPY OF THE JUDGMENT OF NOT GUILTY AND ACQUITTAL PASSED IN CC 40/2008 AS AGAINST THE 1ST RESPONDENT HEREIN, ON THE FILES OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, PATTAMBI.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE