Balakrishnan vs State Of Kerala
2021 Latest Caselaw 23172 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                     CRL.MC NO. 5767 OF 2021
   CC 315/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM
PETITIONER/1ST ACCUSED:

          BALAKRISHNAN
          AGED 62 YEARS
          S/O. KUNHIKKANNAN,
          KODAKKAL HOUSE,
          THRIKKARIPOOR, SOUTH VI,
          VILLAGE, KASARAGOD.

          BY ADV. MATHEW SEBASTIAN


RESPONDENTS/STATE, INVESTIGATING OFFICER & COMPLAINANT:

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

    2     STATION HOUSE OFFICER,
          NADAPURAM POLICE STATION,
          NADAPURAM P.O,
          KOZHIKODE, PIN - 673504,

    3     NISSAR V.P
          S/O. KUNJABDHULLA HAJI,
          KALLIDUKKIL HOUSE, KAYAKKEDI P.O,
          VADAKARA TALUK,
          KOZHIKODE, PIN - 673519.

          R1 & R2 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5767 OF 2021              2




                                 ORDER

Petitioner is the first accused in Crime No. 71/2003 of

Thottilpalam police station, which was registered alleging offence

under Section 420 read with 34 of the Indian Penal Code.

Annexure A4 judgment of the Judicial First Class Magistrate,

Nadapuram indicates that the second accused had faced trial and by

judgment dated 31.05.2008, he was acquitted and the case against

the first accused was split up and refiled a C.C. No. 315/2008.

2. Now the petitioner wants to quash the proceedings

against him in C.C. No. 315/2008. According to the learned

counsel, amount covered by the dispute has already been paid by

the petitioner to the defacto complainant and that is evident from

Annexure A4 judgment.

3. Heard the learned Senior Public Prosecutor also.

4. It is clear that a case as C.C. No. 315/2008 may not be

pending before the court. From the statement of the learned

counsel, it is clear that later the case has been transferred to the

register of long pending cases and an L.P. case is pending against

the petitioner. But the learned counsel is unable to give the details

of that L.P. case. If the matter is settled that can be apprised to the

learned Magistrate. Whatever it may be, now the petitioner wants to

surrender before the court. Since it is a long pending matter and

charge sheet has already been laid, custodial trial cannot be insisted

upon.

5. Therefore, if the petitioner surrenders before the court

after giving advance notice to the Public Prosecutor attached to the

court and moves an application for bail, that shall be considered by

the Judicial First Class Magistrate, Nadapuram on the very day of

filing the same.

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

SD/-

K.HARIPAL

JUDGE

DCS/17.11.2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 13.06.2003 FILED 3RD RESPONDENT ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT, NADAPURAM.

ANNEXURE A2 CERTIFIED COPY OF THE F.I.R NO. 71/2003 OF THE THOTTILPALAM POLICE STATION DATED 5.7.2003.

ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED 17.2.2004 IN C.C. NO. 108/2004 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT, NADAPURAM WHICH AROSE FROM CRIME NO. 71/2003 OF NADAPURAM POLICE STATION.

ANNEXURE A4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 31.5.2008 IN C.C. NO. 108/2004 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, NADAPURAM.