Vysakh. A.P vs Sub Inspector Of Police
2023 Latest Caselaw 6725 Ker

Citation : 2023 Latest Caselaw 6725 Ker
Judgement Date : 20 June, 2023

Kerala High Court

Vysakh. A.P vs Sub Inspector Of Police on 20 June, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
                           CRL.MC NO.1646 OF 2023
          CRIME NO.555/2014 OF Munambom Police Station, Ernakulam
 CC 771/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL, ERNAKULAM
PETITIONERS/ACCUSED NO.4:

     VYSAKH A.P., AGED 26 YEARS, S/O. PURUSHAN, AVOOTIL HOUSE, CHERAI
     P.O, CHERAI, ERNAKULAM, PIN - 683514.

RESPONDENTS/COMPLAINANT/STATE:

  1. SUB INSPECTOR OF POLICE, MUNAMBAM POLICE STATION ERNAKULAM, PIN -
     682031.
  2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
     COURT OF KERALA, ERNAKULAM, PIN - 682031.


     This Criminal misc. case coming on for orders upon perusing the
application and this Court's order dated 08/06/2023 in Crl M.C. 1646/2023
and upon hearing the arguments of M/S.ARYA ASHOKAN, SHARIKA BOBAN,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for respondents,
the court passed the following:




                                                                    P.T.O.
                         RAJA VIJAYARAGHAVAN V, J.
                       -------------------------------------
                         Crl.M.C No. 1646 of 2023
                    -------------------------------------------
                   Dated this the 20th day of June, 2023


                                    ORDER

By order dated 8.6.2023, the Registry was directed to get a report from the

Chief Judicial Magistrate as regards the status of Crime No.555/2014 of the

Munambam Police Station. Instead of the Chief Judicial Magistrate, a report has

been submitted by the Judicial First Class Magistrate, Njarakkal. The said report

reads as under:-

I may humbly submit that the final report in Crime No.555/2014 of Munambam Police Station was laid before this court and the same was numbered as CC 771/2015. Accused no.4 named Vyshak, S/o Purushan was aged only 17 years and hence this case was taken on file against the other accused who were three in numbers (A1 - Jayakumar, A2-Akhilesh and A3-Vishnu). Accused nos.1 to 3 were acquitted under Section 248(1) Cr.P.C vide separate judgment dated 4.5.2017. I may further submit that in pursuance of the telephone message from the Hon'ble High Court of Kerala, a report was called for from the Station House Officer of Munambam Police Station. Station House Officer, Munambam Police Station has reported that the final report against accused no.4 (Vyshak) was laid before the Hon'ble Chief Judicial Magistrate Court, Ernakulam on 26.3.2015 and a copy of the final report was kept in the case file. The copy

of the report submitted by the Station House Officer, Munambam Police Station is attached herewith for kind perusal and information. (emphasis supplied)

In that view of the matter, the learned Chief Judicial Magistrate is directed to

respond to the report of the learned Magistrate and state whether the final

report against Vyshak A.P, the petitioner herein, was laid before the Chief Judicial

Magistrate on 26.3.2015 and also the status of the said case.