Raveesh Raveendran vs State Of Kerala
2021 Latest Caselaw 12419 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                      Crl.MC.No.2419 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN CP 15/2021 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS , SASTHAMCOTTA

     CRIME NO.1917/2020 OF Sooranadu Police Station , Kollam


PETITIONER/ACCUSED:

             RAVEESH RAVEENDRAN
             AGED 30 YEARS
             S/O. RAVEENDRAN, RAVEESH BHAVANAM, KIDANGAYAM NORTH
             SOORANADU SOUTH P.O. KOLLAM 690 561.

             BY ADV. SRI.M.RAJESH

RESPONDENTS/COMPLAINANTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031.

      2      THE INSPECTOR OF POLICE,
             SOORANADU POLICE STATION, SOORANADU P.O. KOLLAM 690
             522.


OTHER PRESENT:

             P.P.SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 2419    of 2021
                                    2




                       P.V.KUNHIKRISHNAN, J.
                  --------------------------------------
                      Crl.M.C. No. 2419 of 2021
                  ---------------------------------------
                 Dated this the 11th day of May, 2021


                                ORDER

This Crl.M.C is filed to call for the records in C.P.15/2021

and to quash the coercive steps taken against the petitioner.

2. When this matter came up for consideration, this Court

directed the Registry to get a report from the learned Magistrate.

Now the learned Magistrate submitted a report in which the

learned Magistrate clearly stated that he committed a mistake by

issuing NBW without serving the summons. The learned

Magistrate observed that he believed the words of the Bench

clerk and issued NBW to the petitioner without perusing the

records and now, when he received the notice from this Court,

he physically verified and convinced that summons was not

served prior to issuance of NBW. The learned Magistrate also

submitted an unconditional apology for the said lapse. The

learned Magistrate also observed that the coercive steps taken Crl.M.C. No. 2419 of 2021

against the petitioner was recalled after advancing the case. The

statement of the learned Magistrate is recorded and the learned

Magistrate will issue fresh summons to the petitioner and on

receipt of the same, the petitioner will appear before the court

concerned.

With the above direction, this Crl.M.C is disposed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

al/-