Kerala High Court
Anilkumar vs State Of Kerala on 8 December, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 965 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
CRL.MC NO. 965 OF 2023
CRIME NO.1067/2018 OF Pathanapuram Police Station, Kollam
AGAINST THE ORDER/JUDGMENT SC 959/2021 OF ASSISTANT SESSIONS
COURT/SUB COURT AT PUNALUR, KOLLAM.
PETITIONER/S:
1 ANILKUMAR
AGED 45 YEARS
SO DIVAKARAN. DAYA BHAVAN. PAMBIRIKONAM. PUNNALA
VILLAGE. PATHANAPURAM TALUK. KOLLAM DISTRICT., PIN -
689696
2 LIJU
AGED 43 YEARS
SO THYAGARAJAN. ANISH BHAVAN, EDATHARAPACHA. EDAMON
MURI. EDAMON VILLAGE. PUNALUR TALUK. KOLLAM
DISTRICT., PIN - 691307
3 SHINU,
AGED 45 YEARS
S/O SATHYAN. AGED 45 YEARS. VAZHAVILAYIL HOUSE,
EDAMON ATTUKADAVU. EDAMAN MURI. EDAMAN VILLAGE.
PUNALUR TALUK. KOLLAM DISTRICT., PIN - 691307
4 JAYKUMAR
AGED 32 YEARS
S/O UDAYKUMAR. JAYA BHAVANAM. EDAMAN AATUKAVU.
EDAMON VILLAGE. PUNALUR TALUK. KOLLAM DISTRICT., PIN
- 691307
BY ADV S.SREEJITH (S-3453)
RESPONDENT/S:
1 STATE OF KERALA
CRL.MC NO. 965 OF 2023 2
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682031
2 SUB-INSPECTOR OF POLICE
PATHRNAPURAM POLICE STATION, KUNDAYAM ROAD, KOLLAM
RURAL, KOLLAM DISTRICT -, PIN - 689695
3 BAHULEYAN NAIR
S/O KUNJAN PILLAI, AGED 57 YEARS, NILAVIL VEEDU,
PAMBIRIKONAM. PUNNALA VILLAGE. PATHANAPURAM TALUK,
KOLAM DISTRICT., PIN - 689696
OTHER PRESENT:
SMT SREEJA V, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 965 OF 2023 3
P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 965 of 2023
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Dated this the 8th day of December, 2023
ORDER
This Crl.M.C. is filed to quash the proceedings in SC No.
959/2021 on the file of the Asst. Sessions Court, Punalur. The
above case is chargesheeted alleging offences punishable
under Secs. 120(B), 511 of 367, 506 (i) and 34 IPC. The main
contention of the petitioners is that even if the entire
allegations are accepted in toto, no offence is made out. I do
not want to consider this Crl.M.C. for the simple reason that
the crime case was registered in the year 2018 and the
Sessions Case was registered in the year 2021. The
contentions raised by the petitioners can be raised before the
trial court by filing a discharge petition, if the charge is not
framed. If such a discharge petition is filed, there can be a
direction to consider the discharge petition without insisting
the presence of the petitioners.
Therefore, this Crl.M.C. is disposed of with the following
directions :
1) The petitioners are free to file discharge petition
before the trial court within three weeks from the
date of receipt of a certified copy of this order, if
charge is not framed.
2) Once such a discharge petition is received, the trial
court will consider the same and pass appropriate
orders in it, as expeditiously as possible, at any rate,
within seven weeks from the date of receipt of the
discharge petition.
3) If such a discharge petition is filed, the presence of
the petitioners shall not be insisted till final orders
are passed in the discharge petition.
P.V.KUNHIKRISHNAN
JUDGE
SKS
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1067/18 OF PATHANAPURAM POLICE STATION.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1067/2018 OF PATHNAPURAM POLICE
STATION.
