Vipin V., S/O.M.C.Vijayakumar vs State Of Kerala
2023 Latest Caselaw 12904 Ker

Kerala High Court

Vipin V., S/O.M.C.Vijayakumar vs State Of Kerala on 8 December, 2023

Author: P Gopinath

Bench: P Gopinath

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR. JUSTICE GOPINATH P.
        Friday, the 8th day of December 2023 / 17th Agrahayana, 1945
                           CRL.MC NO. 2792 OF 2023

   CRIME NO.1184/2022 OF KOLLAM EAST POLICE STATION, KOLLAM


   SC No.867/2023 OF THE FAST TRACK SPECIAL COURT,KOLLAM

PETITIONER/SOLE ACCUSED:

      VIPIN V., S/O.M.C.VIJAYAKUMAR AGED 38 YEARS VIMALALAYAM, SRP MARKET
      P.O., SOUTH EAST OF THAZHAVA, KARUNAGAPPALLY, KOLLAM , PIN - 690539

RESPONDENTS/STATE AND THE COMPLAINANT:

  1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031

AND 2 OTHERS

       This    CRL.MC coming on for orders upon perusing the petition and

this court's order dated 03/04/2023 in Crl.MC.2792/2023 and upon hearing

the   arguments   of   M/S.B.MOHANLAL,ASWIN   V.   NAIR,Advocates   for   the

petitioner, and of PUBLIC PROSECUTOR for the 1st and 2nd respondents, the

court passed the following:

                                                                     p.t.o.
                     GOPINATH P., J
              -------------------------------------
                Crl.M.C. No.2792 of 2023
              -------------------------------------
          Dated this the 8th day of December, 2023


                             ORDER

Having heard the learned counsel for the petitioner

and the learned Public Prosecutor and having regard to the

judgments of the Supreme Court in Dhruvaram

Murlidhar Sonar (Dr.) v. State of Maharashtra and

Others; 2019 (1) KHC 403 (SC), Pramod Suryabhan

Pawar v. State of Maharashtra and Another; AIR 2019

Supreme Court 4010: AIROnline 2019 SC 904 , and

Mandar Deepak Pawar V. The State of Maharashtra

and Another [2022 LiveLaw (SC) 649] , prima facie I am

of the view that the petitioner is entitled to an interim

order staying further proceedings in S.C.No.867/2023 on

the file of the Fast Track Special Court, Kollam.

Therefore, all further proceedings against the

petitioner in S.C.No.867/2023 on the file of the Fast Track

Special Court, Kollam, will stand stayed for a period of two

months. This order is being granted taking into

consideration the submission of the learned counsel for the

petitioner that admittedly the petitioner and the defacto

complainant/victim were in a relationship for the period

from 2008 to 2013. Despite service of notice there is no

representation for the 3rd respondent. Petitioner shall take

out fresh notice to the 3rd respondent.

Sd/-

GOPINATH P. JUDGE ats

08-12-2023 /True Copy/ Assistant Registrar