Dr. Manoj Krishnan vs State Of Kerala
2021 Latest Caselaw 2496 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      Crl.MC.No.3855 OF 2020(B)

  AGAINST THE ORDER/JUDGMENT IN CC 849/2019 OF ADDITIONAL CHIEF
              JUDICIAL MAGISTRATE COURT ,TRIVANDRUM

      CRIME NO.606/2019 OF Medical College Police Station ,
                        Thiruvananthapuram

PETITIONER/ACCUSED:

             DR. MANOJ KRISHNAN
             AGED 52 YEARS
             S/O.DR.C.KRISHNAN, NEAR SREEKRISHNA TEMPLE,
             KUNNATHURMEDU, PALAKKAD TALUK, PALAKKAD DISTRICT, NOW
             RESIDING AT 7-4-2-B CANTI HOMES, JAWAHAR NAGAR,
             KOWDIAR P.O., THIRUVANANTHAPURAM-695003.

             BY ADVS.
             SRI.K.RAMAKUMAR (SR.)
             SRI.T.RAMPRASAD UNNI
             SRI.S.M.PRASANTH
             SRI.G.RENJITH
             SRI.T.H.ARAVIND
             SMT. ASWINI SANKAR .R.S.
RESPONDENTS/STATE & COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031.

      2      THE STATION HOUSE OFFICER,
             MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM,
             PIN-695011.

      3      MR.NAZEER A.,
             SON OF ASSANARU PILLAI, DIYA GARDENS, NEAR FRIENDS
             DRIVING SCHOOL, KONCHIRA LANE, KONCHIRA WARD,
             THEKKADA VILLAGE, THIRUVANANTHAPURAM RURAL, PIN-
             695615, KERALA, INDIA.

             R1 & R2 BY ADV. SRI.M.R.DHANIL, PUBLIC PROSECUTOR
             R3 BY ADV. SRI.E.A.HARIS

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.3855 OF 2020(B)

                                    2



                               ORDER

The challenge raised against the final

report is that in order to wreck vengeance, a

case was foisted without any bonafides and

that the obscene words uttered and the filthy

language used not specified in the complaint.

Final report was submitted for the offence

under Section 294(b), 323, 427 IPC. Prima

facie, it appears that the same requires

adjudication by the trial court. Hence it

cannot be a ground for exercising the

jurisdiction under Section 482 Cr.P.C.

2. Regarding the personal appearance of

accused, it shall be open to the parties to

raise the same before the trial court and the

trial court shall consider the same based on

the well settled principle by striking a

balance promoting personal liberty and

necessity to have personal appearance for a

fair trial.

Crl.MC.No.3855 OF 2020(B)

Crl.M.C. is dismissed, without prejudice

to the right of all other remedies available

to the parties concerned.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.3855 OF 2020(B)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A COPY OF THE FINAL REPORT DATED 20.05.2019 IN C.C.NO.849 OF 2019 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE