Sunitha vs State Of Kerala
2023 Latest Caselaw 11513 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                   CRL.MC NO. 9360 OF 2023
  CRIME NO.387/2023 OF Town North Police Station, Palakkad
     CC 754/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
                          II,PALAKKAD
PETITIONERS/ACCUSED 2 TO 4:

    1     SUNITHA
          AGED 47 YEARS
          W/O. DINESH, CHANDRAKANTHAM, MANKAVU KALAM,
          MANKAVU, PALAKKAD, PIN - 678001
    2     DARSAN
          AGED 24 YEARS
          S/O. DINESH, CHANDRAKANTHAM, MANKAVU KALAM,
          MANKAVU, PALAKKAD, PIN - 678001
    3     DHANUSH
          AGED 22 YEARS
          S/O. DINESH, CHANDRAKANTHAM, MANKAVU KALAM,
          MANKAVU, PALAKKAD, PIN - 678001
          BY ADV SHABU SREEDHARAN

RESPONDENT/COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
OTHER PRESENT:

          SRI MP PRASANTH, PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CrlM.C..No.9360/2023

                                       2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    Crl.M.C. No.9360 of 2023
              ----------------------------------------------
           Dated this the 08th day of November, 2023


                                 ORDER

This Criminal Miscellaneous Case is filed to quash the

proceedings in C.C.No.754/2023 on the file of the Judicial First

Class Magistrate Court-II, Palakkad. The above case is

charge sheeted alleging offences punishable under Sections

447 and 427 read with Section 34 of the Indian Penal Code.

2. After hearing the counsel for the petitioner for

some time, I am of the considered opinion that the

contentions raised by the petitioner in this criminal

miscellaneous case is to be raised before the trial court by

filing a petition to drop the proceedings under Section 258

Cr.P.C. If such a petition is filed, there can be a direction

to consider the same, without insisting the presence of the

petitioners.

CrlM.C..No.9360/2023

Therefore, this Criminal Miscellaneous Case is disposed

of in the following manner:

1. The petitioners are free to file a dropping

petition before the Judicial First Class

Magistrate Court-II, Palakkad, within two

weeks from the date of receipt of a

stamped certified copy of this order.

2. Once such a dropping petition is received,

the Magistrate will consider the same and

pass appropriate orders in it, after giving

an opportunity of hearing to the

petitioners and the Prosecutor concerned,

within a period of six weeks from the date

of receipt of the dropping petition.

3. If a dropping petition is filed as directed

above, the presence of the petitionersm

shall not be insisted by the Magistrate, till

final orders are passed in the dropping

petition.

4. All the contentions raised by the CrlM.C..No.9360/2023

petitioner in this criminal miscellaneous

case are left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE CrlM.C..No.9360/2023

APPENDIX OF CRL.MC 9360/2023

PETITIONER ANNEXURES Annexure-1 THE CERTIFIED COPY OF THE FIS DATED 16.4.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-2 THE CERTIFIED COPY OF THE FIR DATED 16.4.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-3 THE TRUE COPY OF THE ORDER CRL MC NO.

1684/2023 DATED 4.5.2023 OF THE 1ST ADDL. SESSIONS COURT, PALAKKAD Annexure-4 THE CERTIFIED COPY OF THE REPORT DATED 10.5.2023 FILED BY THE SI OF POLICE, PALAKKAD TOWN NORTH POLICE BEFORE THE CJM COURT, PALAKKAD Annexure-5 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 7.6.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-6 THE CERTIFIED COPY OF THE SCENE MAHAZAR DATED 17.4.2023 IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-7 THE CERTIFIED COPY OF THE MAHAZURE DATED 26.4.2023 OF THE PEN DRIVE CONTAINING THE CCTV FOOTAGE IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-8 THE CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE DATED NIL IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-9 THE CERTIFIED COPY OF THE STATEMENTS OF WITNESSES OF VARIOUS DATES IN CRIME NO. 387/2023 OF PALAKKAD TOWN NORTH POLICE STATION Annexure-10 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 21364/2020 DATED 19.6.2023