Shymon Joseph vs The Sub Inspector Of Police
2021 Latest Caselaw 9282 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      Crl.MC.No.7349 OF 2018(G)

 AGAINST THE ORDER/JUDGMENT IN CC 468/2018 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS - I, IDUKKI

          CRIME NO.234/2018 OF IDUKKI POLICE STATION, IDUKKI


PETITIONER/ACCUSED:

              SHYMON JOSEPH,
              AGED 39 YEARS
              S/O JOSEPH, EDAYIDATHU HOUSE, BEETHAL P.O.,
              IDUKKI 685 514.

              BY ADVS.
              SRI.K.PRAVEEN KUMAR
              SRI.T.S.RAJASENAN

RESPONDENTS/COMPLAINANT AND STATE:

      1       THE SUB INSPECTOR OF POLICE,
              IDUKKI POLICE STATION, IDUKKI-685 604.

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


OTHER PRESENT:

              PP MAYA M.N.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.7349 OF 2018
                                    2




                             ORDER

Dated this the 19th day of March 2021

Petitioner is the accused in C.C.No.468/2018 on the

files of Judicial First Class Magistrate Court-I, Idukki. The

case originated from Crime No.234/2018 of Idukki Police

Station, registered for offences punishable under Sections

506(i) of I.P.C., Section 120(o) of the Kerala Police Act

and Section 67 of the Information Technology Act. The

petitioner is alleged to have abused one Hari N, who was

working as Assistant Development Commissioner, Idukki.

The reason being that, the petitioner, while working as

Secretary, Block Panchayath, Devikulam was not relieved

from the post despite his transfer, based on the complaint

of Hari. The petitioner is alleged to have threatened and

abused Hari over phone and to have sent abusive

whatsApp messages, to him. The prayer in this Criminal

M.C. is to quash the criminal proceedings pending against

the petitioner.

2. According to the learned Counsel for the

petitioner, even if the allegations are accepted in their CRL.M.C.NO.7349 OF 2018

entirety, none of the alleged offences would be made out.

Various contentions are raised by the learned Counsel in

support of the challenge. Having heard the learned

Counsel for the petitioner, I find that the contentions

urged are to be determined on the basis of evidence to be

let in during trial. This court is not expected to sift the

evidence, while exercising jurisdiction under Section 482

of Cr.P.C.

On finding this court to be not inclined to entertain

the Criminal M.C., learned Counsel for the petitioner

raised an alternative plea that the jurisdictional court

may be directed to dispose the case at the earliest. I find

the request to be reasonable.

In the result this Criminal M.C. is dismissed. The

Judicial First Class Magistrate-I, Idukki shall take earnest

efforts to dispose C.C.No.468/2018 as expeditiously as

possible.

Sd/-

V.G.ARUN

JUDGE

NB/19.03.2021 CRL.M.C.NO.7349 OF 2018

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.468/18 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, IDUKKI IN CRIME NO.234/18 OF IDUKKI POLICE STATION.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE