Jaison Mathew vs State Of Kerala
2022 Latest Caselaw 8773 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   THURSDAY, THE 7TH DAY OF JULY 2022/16TH ASHADHA, 1944
                    CRL.MC NO. 2271 OF 2020
               CC 40/2011 OF JUDICIAL FIRST CLASS
                  MAGISTRATE COURT-I,PALAKKAD


PETITIONER/ACCUSED NO.1:

         JAISON MATHEW, AGED 58,
         S/O. M.V.MATHAI, MUTHAT HOUSE,
         VADAKKUMCHERY, PALAKKAD,
         NOW RESIDING AT E-3, SOUMYA NAGAR,
         EDAPALLY P.O., ERNAKULAM-682 024.

         BY ADVS.
         P.S.SUJETH
         SRI.R.ARUN (PALLURUTHY)
         SRI.E.S.SANEEJ
         SRI.N.ABHILASH
         SHRI.DEEPU RAJAGOPAL
RESPONDENTS:

    1    STATE OF KERALA,
         BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM,
         REP. BY SI OF POLICE,
         TOWN SOUTH POLICE STATION,
         PALAKKAD-682 031.

    2    S.MURALI, AGED 59,
         S/O.LATE P.E.SUKUMARAN KARTHA,
         MALANADU CEMENTS & ALLIED PRODUCTS (P) LTD.,
         R/O.42/1685, PAWATHIL ROAD,
         AYYAPPANKAVU, KOCHI-682 018.

         BY ADV SRI.S.SUDHISH KUMAR-R2
         ADV.HRITHIK,SR.P.P.-R1

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C.No.2271/2020
                                 :2 :




                             ORDER

Dated this the 7th day of July, 2022

This Crl.M.C. is filed by accused No.1 in C.C. No.40/2021

pending before the Judicial First Class Magistrate's Court-I,

Palakkad. The aforesaid case arises from crime No.85/2006 of

Walayar Police Station, which was registered for the offences

punishable under Sections 420 and 467 of the Indian Penal Code.

Annexure-1 is the final report submitted by the Police. This

Crl.M.C. is filed for quashing all further proceedings pursuant to

Annexure-1 final report.

2. Heard Sri. Sujeth P.S., the learned counsel appearing

for the petitioner, Sri. C.S. Hrithwik, the learned Public Prosecutor

for the State and Sri. S. Sudheesh Kumar, the learned counsel

appearing for the 2nd respondent/defacto complainant.

3. When the Crl.M.C. came up for consideration, the

learned counsel for the 2nd respondent points out that, this

Crl.M.C. was filed at a stage when the case was posted for final Crl.M.C.No.2271/2020

hearing. Annexure R2(c) proceedings of the Court was also

relied on. A perusal of the same would indicate that, the

prosecution evidence is already completed and the accused were

examined under Section 313 Cr.P.C. on 04.12.2019.

Subsequently, on several days, the matter was posted for

defence evidence and the accused were seeking adjournments

for defence evidence. On 19.02.2020, it was reported that they

are not intending to adduce any defence evidence. Accordingly,

the matter was posted of hearing on 04.03.2020. Later, this

Crl.M.C. was submitted by the petitioner seeking for quashing the

proceedings and the same is now pending consideration.

4. Even though, various contentions have been taken by

the petitioner, I am of the view that since the trial of the case is on

its last stages, it is not necessary for this Court to go into the

aforesaid aspects. All the contentions which the petitioner raised

can be taken before the trial court and the same can be

considered by the trial court on the basis of the evidence

adduced. It is not necessary for this Court to appreciate the

evidence in this stage and take a decision. Crl.M.C.No.2271/2020

In such circumstances, I do not find any merit in this

Crl.M.C. and accordingly, it is dismissed without prejudice to the

contentions and rights of the petitioner.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd/09.07.2022 Crl.M.C.No.2271/2020

APPENDIX OF CRL.MC 2271/2020

PETITIONER'S ANNEXURES

ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PALAKKAD.

ANNEXURE 2             TRUE CERTIFIED COPY OF THE PROTEST
                       COMPLAINT IN CC NO.40/2011 IN CRIME
                       85/2006    OF    JUDICIAL     FIRST    CLASS
                       MAGISTRATE COURT-I, PALAKKAD.
ANNEXURE 3             THE TRUE CERTIFIED COPY OF THE EVIDENCE

OF PW1 IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.

ANNEXURE 4             THE TRUE COPY OF THE ORDER DATED
                       22.01.2011    IN   CRL.MP    1150/2010    OF

JUDICIAL FIST CLASS MAGISTRATE COURT-I, PALAKKAD.

ANNEXURE THE TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.MC 203/2012 DATED 11.06.2018 OF THIS HON'BLE COURT.

ANNEXURE 6 THE TRUE PHOTOCOPY OF THE FINAL REPORT IN FIR 879/2011 IN CC 22/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. ANNEXURE 7 THE TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.MC.6506/2015 DATED 20.08.2018. ANNEXURE 8 THE TRUE CERTIFIED COPY OF THE RECEIPT OF THE COMPLAINANT ALONGWITH LEGIBLE COPY IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.

ANNEXURE 9 THE TRUE CERTIFIED COPY OF THE LETTER DATED 19.04.2010 ISSUED BY COMPLAINANT IN CC NO.40/2011 IN CRIME 85/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.