Kerala High Court
Domini.K.K vs State Of Kerala on 1 September, 2021
Crl.Rev.Pet No.383/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 1st day of September 2021 / 10th Bhadra, 1943
CRL.M.A.NO.1/2021 IN CRL.REV.PET NO. 383 OF 2021
CRL.M.P.NO.136/2021 IN SC.NO. 789/2018 OF THE COURT OF SPECIAL JUDGE FAST TRACK
SPECIAL COURT, KUNNAMKULAM
PETITIONER/REVISION PETITIONER:
DOMINI.K.K AGED 54 YEARS
S/O.KURIYAKKU, KOLLANNUR HOUSE, ELAVALLY P.O.,
ELAVALLY SOUTH, THRISSUR DISTRICT, PIN 680 511
RESPONDENT/RESPONDENT:
1. STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, VADAKKEKAD STATION
2. ADDL.R2.XXX (MOTHER OF VICTIM)
ADDL.R2 IMPLEADED AS PER ORDER DATED 14/07/2021 IN CRL.M.A 3/2020 IN
CRL.R.P. 383/2021
Application praying that in the circumstances stated therein the
High Court be pleased to pass an order staying the trial of SC.789/2018 on
the file of the Court of Special Judge Fast Track Special Court,
Kunnamkulam till disposal of the above Criminal Revision Petition.
This Application coming on for orders upon perusing the application,
and upon hearing the arguments of JOSEPH GEORGE, P.K.HASSANKUTTY,
Advocates for the petitioner, and the PUBLIC PROSECUTOR for the 1st
respondent, the court passed the following:
Crl.Rev.Pet No.383/2021 2/4
GOPINATH P. (J)
--------------------------------------------
Crl.M.A.No.1 of 2021
in
Crl.R.P.No.383 of 2021
-------------------------------------
Dated this the 01st day of September, 2021
ORDER
This Court had by order dated 14.07.2021, impleaded the defacto
complainant as additional 2nd respondent and notice had been ordered. The
Registry reports that service on additional 2nd respondent is complete. There is
no appearance for the additional 2nd respondent. With reference to the
judgment of a Division Bench of this Court in 2021 (4) KLT 656, it is the
contention of the learned counsel for the petitioner that the offence under
Section 377 IPC is not attracted on the admitted facts of the present case. He
submits that though he had filed a discharge petition raising this specific point,
the court has failed to appreciate the same in the right perspective. He also
states that the discharge petition having been dismissed, the case, namely
S.C.No.789 of 2018 on the file of the Special Judge Fast Track Special Court,
Kunnamkulam is posted for framing of charges on 02.09.2021 (tomorrow).
Crl.Rev.Pet No.383/2021 3/4
Crl.M.A.No.1 of 2021
in Crl.R.P.No.383 of 2021
2. Taking note of the contentions raised by the learned counsel for
the petitioner, there will be an interim stay of all further proceedings in
S.C.No.789/2018 on the file of the Special Judge Fast Track Special Court,
Kunnamkulam, for a period of two weeks.
Post on 13.09.2021.
Sd/-
GOPINATH P.
JUDGE
NR/01/09/2021
01-09-2021 /True Copy/ Assistant Registrar
Crl.Rev.Pet No.383/2021 4/4
APPENDIX OF CRL.REV.PET 383/2021
Annexure A-1 CERTIFIED COPY OF FIR DATED 15.5.2018 IN CRIME
NO.158/2018 OF VADAKEKAD POLICE STATION
Annexure A-2 CERTIFIED COPY OF FINAL REPORT DATED 26.9.2018 IN CRIME
NO.158/2018 OF VADAKEKAD POLICE STATION AND PENDING
BEFORE THE COURT OF SPECIAL JUDGE, FAST TRACK SPECIAL
COURT, KUNNAMKULAM AS S.C.NO.789/2018
Annexure A-3 PHOTOCOPY OF CMP 136/2021 IN S.C.NO.789/2018 OF THE
COURT OF SPECIAL JUDGE, FAST TRACK SPECIAL COURT,
KUNNAMKULAM
