Citation : 2023 Latest Caselaw 12432 Ker
Judgement Date : 22 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
CRL.MC NO. 8648 OF 2022
CRIME NO.287/2022 OF Vilappilssala Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 441/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,KATTAKADA
PETITIONERS/ACCUSED:
M.N. MOHANAGOPALAN
AGED 62 YEARS
S/O NARAYANAN, SIGMA HOUSE, RIVER FRONT RESIDENCY,
PIRAYIL, PEYAD P.O, THIRUVANANTHAPURA-695573.
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
P.J.UNNIKRISHNAN
ANTONY NILTON REMELO
GOKUL DEVIS
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
VILAPPILSALA POLICE STATION, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI. M.P PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8648 of 2022
2
P.V.KUNHIKRISHNAN, J.
------------------------------
Crl.M.C.No.8648 of 2022
----------------------------------------------
Dated this the 22nd day of November, 2023
ORDER
This Criminal Miscellaneous Case is filed with the
following prayers:
"to quash the Annexure A4 Final Report in CC No.441/2022 of Judicial First Class Magistrate Court, Kattakkada (Crime No.287/2022 Vilappilsala Police Station)"
2. There is a case registered based on the complaint
filed by the petitioner and there is another case filed
against the petitioner as evident by Annexure A4.
Annexure A5 is the final report in which the petitioner is
the defacto complainant. The main prayer in this Crl.M.C
is to quash Annexure A4 final report which is pending
against the petitioner before the Judicial First Class
Magistrate Court, Kattakkada.
3. This Court directed the Public Prosecutor to get
instructions. The Public Prosecutor after getting
instructions submitted that, further investigation is
ordered as directed by the District Police Chief in
Annexures A4 and A5 crimes and the investigation is
entrusted to the Deputy Superintendent of Police,
Kattakkada. It is submitted that the investigation is going
on. If that be the case, at this stage, no further order is
necessary. If there is any further grievance to the
petitioner, the petitioner is free to approach this Court
again.
With the above observation, this Crl.M.C is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE PROCEEDINGS FROM
THE OFFICE OF EXECUTIVE
MAGISTRATE,KATTAKADA TALUK DATED 06- 11-2020 ANNEXURE A2 THE TRUE COPY OF THE WOUND CERTIFICATE WHICH IS ALSO ATTACHED WITH THE FINAL REPORT ANNEXURE A3 THE TRUE COPY OF ACKNOWLEDGMENT RECEIPT OF PETITION DATED 13-03-2022 ANNEXURE A3A THE TRUE COPY OF ACKNOWLEDGMENT RECEIPT OF PETITION DATED 12-03-2022 ANNEXURE A4 THE TRUE COPY OF THE FINAL REPORT IN
ANNEXURE A4A THE SCENE MAHAZAR IN CRIME NO.
287/2022 DATED 24-03-2022 ANNEXURE A5 THE TRUE COPY OF FINAL REPORT IN CRIME
ANNEXURE A5A THE SCENE MAHAZAR IN CRIME NO.
ANNEXURE A6 THE TRUE COPY OF THE PETITION DATED 26-08-2022 SUBMITTED TO DGP ANNEXURE A7 THE TRUE COPY OF THE REPORT DATED 12- 06-2022 ANNEXURE A8 THE TRUE COPY OF THE RECEIPT OF THIS INTIMATION DATED 23.3.2022 ANNEXURE A9 THE TRUE COPY OF THE RTI APPLICATION DATED 07-07-2022
ANNEXURE 9A THE TRUE COPY OF REPLY DATED 03.08.2022 RECEIVED FOR THE RTI APPLICATION ANNEXURE A10 THE TRUE COPY OF THE LETTER DATED 16.11.2022
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE
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