Benny K. Paul vs State Of Kerala
2023 Latest Caselaw 12657 Ker

Kerala High Court

Benny K. Paul vs State Of Kerala on 24 November, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 5693 & 3530 OF 2020                1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945
                                 CRL.MC NO. 5693 OF 2020
AGAINST THE ORDER/JUDGMENT CC 128/2020 OF JUDICIAL MAGISTRATE OF
                             FIRST CLASS -I, ALAPPUZHA
PETITIONER/S:

      1        STELLA
               AGED 46 YEARS
               D/O.PAUL, KUNNATHU PARAMBIL, ALANGAPPANANGAR GRAMA
               PANCHAYAT, IRINJALAKUDA

      2        JOSE NELLISSERI,
               AGED 61 YEARS
               S/O. KOCHUVAREETH, NELLISSERI VEEDU, NADATHARA GRAMA
               PANCHAYAT, THRISSUR

               BY ADV C.K.SREEJITH



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682 031

      2        STATION HOUSE OFFICER,
               SOUTH POLICE STATION, ALAPPUZHA DIST, REPRESENTED BY
               PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
               682 031

      3        JESSY
               AGED 51 YEARS
               PUTHENPURAYIL, KARUKAYIL WARD, AVALUKUNNU P.O.,
               ALAPPUZHA-688 006

               BY ADV SRI.B.PRAMOD
 CRL.MC NO. 5693 & 3530 OF 2020    2




OTHER PRESENT:

               SMT SREEJA V, PP




       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.11.2023, ALONG WITH Crl.MC.3530/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5693 & 3530 OF 2020                3




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 24TH DAY OF NOVEMBER 2023 / 3RD AGRAHAYANA, 1945
                                 CRL.MC NO. 3530 OF 2020
AGAINST THE ORDER/JUDGMENT CC 128/2020 OF JUDICIAL MAGISTRATE OF
                             FIRST CLASS -I, ALAPPUZHA
PETITIONER/S:

               BENNY K. PAUL
               AGED 43 YEARS
               S/O. K. P. PAUL (LATE), KUNNATHUPARAMPAN HOUSE,
               MANNAMPETTA, VARAKKARA P. O., THRISSUR DIST.

               BY ADV C.K.SREEJITH



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM - 682 031.

      2        STATION HOUSE OFFICER
               SOUTH POLICE STATION, ALAPPUZHA DIST., REPRESENTED BY
               PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -
               682 031.

      3        JESSY
               AGED 51 YEARS
               PUTHENPURAYIL, KARUKAYIL WARD, AVALUKUNNU P. O.,
               ALAPPUZHA - 688 006.

               BY ADV SRI.B.PRAMOD

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.11.2023, ALONG WITH Crl.MC.5693/2020, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5693 & 3530 OF 2020         4




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                 Crl.M.C. Nos. 3530 & 5693 of 2020
                  --------------------------------------------
             Dated this the 24th day of November, 2023


                                 ORDER

The petitioners are the accused in CC No. 128/2020 on the

file of the Judicial First Class Magistrate Court-I, Alappuzha.

This is a private complaint filed by the 3 rd respondent in these

cases. According to the petitioners, the police referred the case

and the protest complaint is unsustainable.

2. After hearing the counsel for the petitioner for some

time, I am of the considered opinion that since there are

disputed questions in the case, the petitioners have to raise the

contentions before the trial court by filing a discharge petition

at the appropriate stage.

Therefore, these Crl.M.C.s are disposed of granting liberty

to the petitioners to approach the trial court with a discharge

petition at the appropriate stage and if such a discharge petition

is filed, the court below will consider the same and pass

appropriate orders in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE COMPLAINT FILED BY THE DE-FACTO COMPLAINANT BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, ALAPPUZHA.

ANNEXURE A2 THE TRUE COPY OF THE ORDER IN TR. P(C) NO.13/82017 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAM DATED 10.2.2017.

ANNEXURE A3 THE TRUE COPY OF THE OBJECTION FILED BY THE 1ST ACCUSED BEFORE THE MARRIAGE OFFICER.

ANNEXURE A4 THE TRUE COPY OF THE PRESCRIPTION LETTER ISSUED BY THE DOCTOR.

PETITIONER ANNEXURES

ANNEXURE-A1 THE TRUE COPY OF THE COMPLAINT FILED BY THE FE-FACTO COMPLAINANT BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, ALAPPUZHA

ANNEXURE-A2 THE TRUE COPY OF THE ORDER IN TR.P(C) NO.13/29017 ONT HE FILE OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM DT 10.2.2017

ANNEXURE-A3 THE TRUE COPY OF THE OBJECTION FILED BY THE 1ST ACCUSED BEFORE THE MARRIAGE OFFICER

ANNEXURE-A4 THE TRUE COPY OF THE PRESCRIPTION LETTER ISSUED BY THE DOCTOR

ANNEXURE-A5 THE TRUE COPY OF THE PRINT OUT FROM THE HIGH COURT WEBSITE