Ajith.G vs State Of Kerala
2023 Latest Caselaw 13163 Ker

Kerala High Court

Ajith.G vs State Of Kerala on 15 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,
                                  1945
                    CRL.MC NO. 10647 OF 2023
         CRIME NO.250/2023 OF Poojappura Police Station,
                         Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 348/2023 OF ADDITIONAL CHIEF
             JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
PETITIONER/S:

            AJITH.G.
            AGED 21 YEARS
            S/O GANESH M, CHERINGAL HOUSE, PANAMTHARA,
            ARAMPADAM,TATTAMANGALAM, PALAKKAD., PIN - 678102
            BY ADVS.
            U.K.DEVIDAS
            SUSEEL M.MENON


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
            KERALA, PIN - 682031
     2      ANILKUMAR
            ARMY RECRUITING OFFICER, THIRUMALA PO.,
            TRIVANDRUM DISTRICT, PIN - 695006
OTHER PRESENT:

            SMT SREEJA V, PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   15.12.2023,   THE    COURT    ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                     -2-
Crl.M.C No. 10647 of 2023



                             P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              Crl.M.C No. 10647 of 2023
                        =============================================================

                   Dated this the 15th day of December, 2023

                                              ORDER

This Criminal Miscellaneous Case is filed to quash the

proceedings in C.C.No.348 of 2023 on the file of the Judicial First

Class Magistrate Court, Thiruvananthapuram, arising from Crime

No.250 of 2023 of Poojappura Police Station, Thiruvananthapuram.

The above case is charge-sheeted alleging offences punishable under

Sections 406, 201 read with Section 34 of the Indian Penal Code. The

petitioner is the 2nd accused in the above case.

2. After hearing the counsel for the petitioner for some time,

I am of the considered opinion that the petitioner can raise all the

contentions in this Crl.M.C by filing a discharge petition before the

court below if charge is not framed. If such a petition is filed, there

can be a direction to consider the same within a time frame. The

presence of the petitioner can be dispensed with till final orders are

passed in the discharge petition.

Therefore, this Criminal Miscellaneous Case is disposed of in

the following manner:

1. The petitioner is free to file a discharge petition before the trial court, within three weeks from the date of receipt of a stamped 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, after giving an opportunity of hearing to the petitioner and the Prosecutor concerned, within a period of six weeks from the date of receipt of the discharge petition.

3. If a discharge petition is filed as directed above, the presence of the petitioner shall not be insisted by the trial court, till final orders are passed in the discharge petition.

4. All the contentions raised by the petitioner in this criminal miscellaneous case are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

APPENDIX OF CRL.MC 10647/2023

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FINAL REPORT DATED 27.04.2023 IN CRIME NO.250/2023 OF POOJAPURA POLICE STATION Annexure 2 TRUE COPY OF THE OFFER OF APPOINTMENT DATED 28.08.2023 ISSUED FROM OFFICE OF THE DIGP, CENTRAL RESERVE POLICE FORCE, G.C. PALLIPPURAM, THIRUVANANTHAPURAM Annexure 3 TRUE COPY OF THE CALL LETTER DATED 02- 02-2023 ISSUED FROM ARMY RECRUITING OFFICE, CALICUT