Sujan vs State Of Kerala
2023 Latest Caselaw 8462 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Monday, the 7th day of August 2023 / 16th Sravana, 1945
              CRL.M.APPL.NO.2/2023 IN CRL.MC NO. 9483 OF 2022
          CRIME NO.645/2014 OF Pavaratty Police Station, Thrissur

  CC 1306/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD, THRISSUR

PETITIONER/PETITIONER:

     SUJAN, AGED 54 YEARS, PATHYALA HOUSE,VENKITANGU DESOM AND VILLAGE,
     VENKITANGU P.O. CAHVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680510

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, PIN-682031
  2. ATHEESH, AGED 48 YEARS, S/O. ASHOKAN, VENNEMGOTTU HOUSE, CHANGALI
     DESOM, MULLASSERY AMSOM, CHAVAKKAD TALUL, THRISISUR DISTRICT, PIN -
     680509


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to allow the
petitioner to amend the above case as shown below and the accept the
amended Crl.M.C filed herewith accordingly.

     Amendements sought for

     1.      In the cause title of the docket "C.C.No.1306/2015" is to be
amended as "C.C.No.177/2023" and the "6th respondent" is to be amended as
"Accused"

     2.       In the cause title of the index "6th Accused" is to be
amended as "Accused".

     3       In the cause title of the synopsis "6th Accused" is to be
amended as "Accused" and in the 1st paragraph of the synopsis the "6th
accused in C.C.1306/2015" is to be amended as "accused in
C.C.No.177/2023".

     4       In the cause title of the Crl.M.C. "C.C.No.1306/2015" is to
be amended as "C.C.No.177/2023" and the "6th Accused" is to be amended as
"Accused".

     5.       In paragraph 1 of the statement of facts "6th Accused" is
to be amended as "6th accused in the crime and the sole accused" and
"C.C.No.1306/2015" is to be amended as "C.C.No.177/2023".

     6.       In paragraph 2 of the statement of facts the "1st Accused"
is to be amended as the "Original 1st accused in the crime".
      7       After paragraph 2 of the statement of facts add paragraph 3
as

      "3. Initially there was only two accused in the crime and
subsequently an additional charge was submitted by the prosecution
arraying accused Nos. 3 to 6. The trial court took cognizance of the
offences and proceeded against all the accused as C.C.No.1306/2015 and
later after trial accused Nos.1 to 5 were acquitted as per Annexure-A7
judgment. Thereafter the case against the petitioner was split up and
refiled as C.C.No.177/2023"

     8       Paragraphs 3 and 4 of the statement of facts is to be
amended as 4 and 5.

     9.       In the prayer portion "Annexures-A2" is to be amended as
"Annexures-A2 and A6" and "C.C.1306/2015" is to be amended as
"C.C.177/2023".


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.P.K.SAJEEV, Advocate for the
petitioner, PUBLIC PROSECUTOR for R1 and of SRI.P.RAMACHANDRAN, Advocate
for the 2nd respondent, the court passed the following:
                      RAJA VIJAYARAGHAVAN V, J.
                    -------------------------------------
                      Crl.M.C No.9483 of 2022
                 -------------------------------------------
                Dated this the 7th day of August, 2023

                                 ORDER

Crl.M.A.No.2 of 2023

Heard. Allowed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS