Shajan Skariah vs State Of Kerala
2022 Latest Caselaw 5877 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
          Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
               CRL.M.APPLN.1/2022 IN CRL.MC NO. 3236 OF 2022

         CRIME NO.1156/2020 OF Town West Police Station, Thrissur

 CC 1018/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR, THRISSUR
PETITIONER/PETITIONER/ACCUSED

     SHAJAN SKARIAH, AGED 49 YEARS, S/O SKARIA, KARIYILAKULAM HOUSE,
     EDAKADATHI P.O., KOTTAYAM PRESENTLY RESIDING AT, VILLA NO. 14,
     HIGHLAND PARK, M.L.A. ROAD, KUDAPPNAKKUNNU P.O., THIRUVANANTHAPURAM,
     PIN - 695043

RESPONDENTS/STATE & DE-FACTO COMPLAINANT

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, ERNAKULAM., PIN - 682031
  2. THE S.H.O. THRISSUR WEST POLICE STATION, THRISSUR WEST, THRISSUR
     CITY DISTRICT, PIN - 680004.
  3. DEEPA NISHANTH, AGED 40 YEARS, W/O NISHANTH, THADATHIL HOUSE,
     CHANGAMPUZHA NAGAR, KANATTUKARA, AYYANTHOLE VILLAGE, THRISSUR., PIN
     - 680011


     Petition praying that in the circumstances stated therein the High
Court be pleased to stay all further proceedings in C.C.No.1018/2020 on
the file of the Judicial I Class Magistrate Court-II, Thrissur during the
pendency of the above Crl.M.C. in the interest of justice

     This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M/s.S.JIJI & M.M.BABY, Advocates for the
petitioner and the PUBLIC PROSECUTOR for the 1st and 2nd respondent, the
Court passed the following:




                                                                    P.T.O
                    ZIYAD RAHMAN A. A., J.
           ===================================
                   Crl. M. C. No. 3236 of 2022
           ===================================
                Dated this the 31st day of May, 2022

                               ORDER

Admit.

2. Learned Public Prosecutor takes notice for the respondents 1

and 2.

3. Issue notice to the 3rd respondent.

4. The issue that arises here is whether the permission granted by

the learned Magistrate to register a crime in a non-cognizable offence

at the instance of the Police is legally sustainable or not, in the light of

the statutory stipulation contained under Section 155(1) of the Cr. P. C.

5. The learned counsel for the petitioner relies on the judgment

of this Court in Biju v. State of Kerala reported in 2020 (5) KHC

685. On the other hand, learned Public Prosecutor places reliance upon

Anto Joseph v. State of Kerala and Others reported in 2016 (3)

KHC 832 which holds a different view.

6. In such circumstances, I am of the view that a detailed hearing Crl. M. C. No. 3236 of 2022

of the matter is required.

Accordingly, I am inclined to grant an interim order staying all

further proceedings in C.C. No. 1018 of 2020 pending before the

Judicial First Class Magistrate Court - II Thrissur, for a period of two

months.

Post on 21.06.2022.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb

31-05-2022 /True Copy/ Assistant Registrar