Akhil vs State Of Kerala
2022 Latest Caselaw 3470 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                    CRL.MC NO. 2199 OF 2018
  AGAINST THE ORDER/JUDGMENT IN CC 766/2017 OF JUDICIAL
                MAGISTRATE OF FIRST CLASS ,PALA
PETITIONER/S:

          AKHIL
          AGED 23 YEARS, S/O.SUDHAKARAN NAIR,
          KRISHNA KRIPA, ELACKAD P.O., KADAPLAMATTOM,
          MARANGATTUPILLY, KOTTAYAM DISTRICT.
          BY ADVS.
          SRI.B.RAMAN PILLAI (SR.)
          SRI.R.ANIL
          SRI.T.ANIL KUMAR
          SRI.M.SUNILKUMAR
          SRI.SUJESH MENON V.B.
          SRI.THOMAS ABRAHAM NILACKAPPILLIL
          SRI.THOMAS SABU VADAKEKUT
          SRI.E.VIJIN KARTHIK
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
    2     JAYASREE N.K.
          AGED 48 YEARS, W/O.V.S.SOMAN NAIR, VAZHAPPETTU
          HOUSE, ELACKADAVU P.O., KADAPLAMATTAM,
          MARANGATTUPILLY, KOTTAYAM DISTRICT-686 001.


          SMT T V NEEMA-SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No.2199/2018

                                ..2..




                              ORDER

Dated this the 22nd day of March, 2022

This Crl.M.C. has been filed to quash all further

proceedings in CC No.766/2017 on the file of the Judicial First

Class Magistrate Court, Pala. The petitioner is the accused. The

offences alleged are under Sections 294(b), 506(1), 509, 354

and 354A(1) (iv) of the IPC.

2. The learned counsel for the petitioner submitted

that even if the entire allegations in the FIS together with all

the materials collected during the investigation are taken

together, no offences as alleged against the petitioner are

made out.

Having heard the learned counsel for the petitioner as

well as the learned Senior Public Prosecutor, I am of the view

that this Crl.M.C. can be disposed of with a direction to the

petitioner to file an application for discharge before the learned

Magistrate. The learned Magistrate shall dispose of the said

application, if any filed, in accordance with law. The petitioner

is free to take up all the contentions raised in this Crl.M.C in Crl.M.C. No.2199/2018

..3..

the application for discharge. The personal appearance of the

petitioner at the court below is dispensed with till the

application for discharge is disposed of.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ded/22.03.2022 Crl.M.C. No.2199/2018

..4..

APPENDIX OF CRL.MC 2199/2018

PETITIONER ANNEXURES ANNEXURE A THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.123/2017 OF MARANGATTUPALLY POLICE STATION DATED 18.9.2017. ANNEXURE B CERTIFIED COPY OF THE FIS DATED 26.1.2017.

ANNEXURE C CERTIFIED COPY OF THE FIR IN CRIME NO.123/2017 OF MARANGATTUPALLY POLICE STATION DATED 26.1.2017.

ANNEXURE D THE TRUE COPY OF THE COMPROMISE DECREE DATED 31.3.2016 IN O.S.NO.18 OF 2015 OF MUNSIFF COURT, PALA.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE