C.M.Varghese vs K.A.Varghese
2021 Latest Caselaw 965 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                    Crl.MC.No.3939 OF 2020(B)

AGAINST THE ORDER/JUDGMENT IN CC 1916/2016 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,THIRUVALLA

PETITIONERS/ACCUSED NOS.1 TO 3:

      1      C.M.VARGHESE
             AGED 80 YEARS
             S/O. LATE MAMMEN, KOCHUVIZHALIL HOUSE,
             NEDUMPURATHUMALA, THOTTAPUZHA,
             ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
             PATHANAMTHITTA DISTRICT, PIN 689 542

      2      BINDU VARGHESE,
             AGED 42 YEARS
             W/O. SAJI VARGHESE, KOCHUVIAHALIL HOUSE,
             NEDUMPURATHUMALA, THOTTAPUZHA,
             ERAVIPEROOR VILLAGE,
             THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT,
             PIN 689 542

      3      VARGHESE MAMMEN @ RAJAN,
             AGED 56 YEARS
             S/O. C.M VARGHESE, KOCHUVIAHALIL HOUSE,
             NEDUMPURATHUMALA, THOTTAPUZHA,
             ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
             PATHANAMTHITTA DISTRICT,
             PIN 689 542.

             BY ADVS.
             SRI.JOSEPH GEORGE
             SRI.BIJO THOMAS GEORGE
             SRI.P.A.REJIMON

RESPONDENTS/COMPLAINANT & STATE:

      1      K.A.VARGHESE
             AGED 65 YEARS
             S/O. K.V ABRAHAM, KALLOOTHARA HOUSE,
             THOTTAPUZHA, NEDUMPRATHUMALA,
             ERAVIPEROOR VILLAGE AND P.O,
             PIN 689 541
     Crl.MC.No.3939 OF 2020(B)

                                        2

      2      STATE OF KERLA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM PIN 682 031

             R1   BY   ADV.   SRI.MANU RAMACHANDRAN
             R1   BY   ADV.   SRI.T.S.SARATH
             R1   BY   ADV.   SRI.M.KIRANLAL
             R1   BY   ADV.   SRI.R.RAJESH (VARKALA)
             R1   BY   ADV.   SHRI.SAMEER M NAIR
             R2   BY   ADV.   SRI.M.S.BREEZ, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.3939 OF 2020(B)

                                        3




                                  ORDER

The challenge is against Annexure A1 private

complaint and the cognizances taken by the

Magistrate thereof mainly on the reason that no

sworn statement of the defacto complainant was

taken under Section 200 Cr.P.C. When the matter

taken up today, the learned counsel fairly

submitted that the statement was recorded on the

reverse side of the original complaint and hence

they are not pressing the Crl.M.C.

The Crl.M.C. is dismissed as not pressed.

without prejudice to the right of the petitioners

to take all their contentions and remedies at the

various stages of the proceedings.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.3939 OF 2020(B)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A-1 CERTFIED COPY OF THE COMPLAINT IN C.C 1916/2016 OF THE HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT, THIRUVALLA

ANNEXURE A-2 CERTIFIED COPY OF SWORN STATEMENT OF CW-1 IN CMP 4244/2014 ON THE FILE OF THE HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT THIRUVALLA

ANNEXURE A-3 CERTIFIED COPY OF SWORN STATEMENT OF CW-2 IN CMP 4244/2014 ON THE FILE OF THE HON'BLE JUDICIAL 1ST CLASS MAGISTRATE COURT THIRUVALLA

ANNEXURE A-4 THE PHOTOCOPY OF JUDGMENT DATED 14-11-

2019 IN SC 529/2014 OF THE HON'BLE ADDITIONAL SESSIONS JUDGE 1, PATHANAMTHITTA.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE