Kerala High Court
Roy Fernandez vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
CRL.MC NO. 3490 OF 2021
AGAINST THE ORDER/JUDGMENT CC 876/2017 OF SPECIAL COURT OF
JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI
ACT(JMFC XI), THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 4:
1 ROY FERNANDEZ
AGED 32 YEARS
S/O.ANTONY FERNANDEZ, T.C.35/923, RANI HOUSE, NEAR
VALIYATHURA FCI, VALLAKKADAVU WARD, PETTAH VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
2 ROY REMOLD,
AGED 29 YEARS
S/O. REMOLD, T.C.45/529, (77/663 NEW), PUTHUVAL
PURAYIDOM VEEDU, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM
DISTRICT.
3 KAVIRAJ M.,
AGED 39 YEARS
S/O.MOHANAN, KAVITHA NIVAS, K.S.ROAD, KOVALAM,
VENGANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
4 REX HARISON,
AGED 32 YEARS
S/O. JOSE HARISON, T.C.71/3914, KUZHIVILAKOM PURAYIDOM,
NEAR VALIYATHURA VISHWABHARATHI, MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
AYYAPPAN SANKAR
RAGESH N.T.
RESPONDENTS/STATE, INVESTIGATING OFFICER & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 THE SUB INSPECTOR OF POLICE,
Crl.M.C.No.3490 of 2021
2
VALIATHURA POLICE STATION, VALIATHURA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-695008.
3 ROBINSON GOMEZ
AGED 37 YEARS
S/O. JOHNSON GOMEZ, SUSI HOUSE,
T.C.71/3313, NEAR FCI, KUZHIVILAKOM,
VALLAKKADAVU, VALIATHURA, THIRUVANANTHAPURAM
DISTRICT-695008.
4 RICHARDSON GOMEZ
AGED 36 YEARS
S/O. JOHNSON GOMEZ, SUSI HOUSE, T.C.71/3313,
NEAR FCI, KUZHIVILAKOM, VALLAKKADAVU,
VALIATHURA, THIRUVANANTHAPURAM
DISTRICT-695008.
BY ADV S.R.SREEJITH
SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.3490 of 2021
3
P.V.KUNHIKRISHNAN, J.
------------------------------
Crl.M.C.No.3490 of 2021
----------------------------------------------
Dated this the 19th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in C.C.No.876/2017 on the file of the
Judicial First Class Magistrate Court-XI,
Thiruvananthapuram arising from Crime No.191/2016
of Valiathura Police Station based on a settlement.
2. The learned Public Prosecutor after getting
instructions submitted that the 1st petitioner in this
case is involved in 25 other crimes in which some of
the cases are registered under Sections 307 and 308
IPC and also under the provisions of the NDPS Act. In
such circumstances, this Court can not quash the
Crl.M.C.No.3490 of 2021
proceedings based on a settlement. But there can be
a direction to the trial court to dispose of the matter
expeditiously because the Calender Case is registered
in the year 2017.
Therefore, this Criminal Miscellaneous Case is
disposed of directing the Judicial First Class Magistrate
Court-XI, Thiruvananthapuram to dispose of
C.C.No.876/2017, as expeditiously as possible.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.No.3490 of 2021
APPENDIX OF CRL.MC 3490/2021
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED TRUE COPY OF THE F.I.R.
DATED 8.2.2016 IN CRIME NO.191/2016
OF VALIATHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE 2 CERTIFIED TRUE COPY OF FINAL REPORT
IN CRIME NO.191/2016 OF VALIATHURA
POLICE STATION, THIRUVANANTHAPURAM
DISTRICT, PENDING AS C.C.NO.876/2017
ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-XI,
THIRUVANANTHAPURAM.
ANNEXURE 3 NOTARIZED AFFIDAVIT AFFIRMED AND
SIGNED BY 3RD RESPONDENT DATED
7.7.2021.
ANNEXURE 4 NOTARIZED AFFIDAVIT AFFIRMED AND
SIGNED BY 4TH RESPONDENT DATED
7.7.2021.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
