Joju vs State Of Kerala
2021 Latest Caselaw 21532 Ker

Crl.Rev.Pet No.1058/2019                       1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                            THE HONOURABLE MRS. JUSTICE M.R.ANITHA
                 Friday, the 29th day of October 2021 / 7th Karthika, 1943
                   CRL.M.APPL.NO.2/2019 IN CRL.REV.PET NO. 1058 OF 2019

 CMP 2950/2018 IN CC 1492/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS,KUNNAMKULAM

   PETITIONERS/REVISION PETITIONERS:

       1. JOJU, AGED 53 YEARS,S/O.VASUDEVAN,KUNDOLI HOUSE, GANDHI NAGAR,
          AYYANTHOL, THRISSUR.
       2. JOJI JOHN,S/O.JOHN, CHOVALLUR HOUSE, PUTHUKKAD, THRISSUR.

   RESPONDENT/RESPONDENT:

           STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA

        Application praying that in the circumstances stated therein the
   High Court be pleased to stay all further proceedings in CC 1492/2018 on
   the file of the Judicial First Class Magistrate,Kunnamkulam,as against the
   petitioners,pending disposal of the Revision Petition.
        This Application coming on for orders upon perusing the application,
   and upon hearing the arguments of P.V.CHANDRA MOHAN, Advocates for the
   petitioners,and PUBLIC PROSECUTOR for the respondent the court passed the
   following:

                                            ORDER

According to the learned counsel for the petitioner,the case against the second accused has already been quashed by this court as per Annexure A3 order.There is specific reference in that order that the FIR in Crime No.288/2010 is a second FIR and hence,it is not legally sustainable.The petitioners have approached this Court against the dismissal of discharge petition filed by them before the trial court. In the said circumstances,there will be an interim stay of further proceedings against the petitioner.

The learned public prosecutor seeks time for hearing.

Post after one week.

                                                     Sd/- M.R.ANITHA JUDGE
 Crl.Rev.Pet No.1058/2019                         2/2

Annexure-III: A true copy of the judgment dated 29.1.2019 in Crl.MC 4437/2010 of this Hon'ble Court

29-10-2021 /True Copy/ Assistant Registrar