Thonakkara Veettil Philip vs Kurumattathil Thomas
2023 Latest Caselaw 10923 Ker

OP(CRL.) NO. 482 OF 2021             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
                           OP(CRL.) NO. 482 OF 2021
   AGAINST THE ORDER CMP 6299/2019 IN CC 347/2014 OF JUDICIAL
                   MAGISTRATE OF FIRST CLASS ,PAYYANNUR
PETITIONER/S:
          THONAKKARA VEETTIL PHILIP
          AGED 50 YEARS
          S/O. LATE PHILIP, THONAKKARA HOUSE, PULINGOME AMSOM,
          CHERUPUZHA P.O., KANNUR DISTRICT-670511.

              BY ADVS.
              JOHN JOSEPH(ROY)
              V.T.MADHAVANUNNI
              ANAND V.S
              V.A.SATHEESH


RESPONDENT/S:
    1     KURUMATTATHIL THOMAS
          AGED 61 YEARS
          S/O.YOYACKI, KOKKANISSERI, PAYYANNUR P.O.,
          PAYYANNUR AMSOM, KANNUR DISTRICT-670307.

      2        P.KRISHNAN,
               PERINGETH PANDIKKADAV, CHERUPUZHA P.O., EARLIER
               SECRETARY OF PERINGOME SERVICE CO-OPERATIVE BANK
               LTD., PERINGOME P.O., KANNUR DISTRICT-670511.

      3        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA AT ERNAKULAM, PIN-682031.

               BY ADV B.MUHAMMED SHAHEEL, SRI.HRITHWICK, PP

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 482 OF 2021             2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                     O.P.(Crl.) No. 482 of 2021
                   --------------------------------------
             Dated this the 25th day of October, 2023


                               JUDGMENT

This O.P.(Crl.) is filed with following prayers :

"to stay all further proceedings in CC No. 34/2014 on the file of JFCM Court, Payyannur till the disposal of the above original petition." [SIC]

2. Ext.P3 is an order passed by the Judicial First Class

Magistrate Court, Payyannur in an application filed by the

petitioner who is the defacto complainant in CC 347/2014 for

further investigation. The trial court dismissed that

application mainly for the reason that in Vinubai Haribai

Malavya & Ors v. State of Gujarat [AIR 2019 SC 5233], the

court below has no jurisdiction to consider that application

after framing charge. Hence, this Crl.M.C. is filed.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

4. After hearing both sides, I am of the considered

opinion that there is nothing wrong in defacto complainant

submitting the additional information if any to the

investigating officer and if the investigating officer is

convinced, the investigating officer can approach the court

below with appropriate application in accordance with law.

Therefore, the petitioner can be allowed to submit an

application narrating the additional materials for ordering

further investigation and if such application is received, there

can be a direction to the investigating officer to consider the

same, in accordance with law and intimate the result to the

petitioner.

Therefore, this O.P.(Crl.) is disposed of with the following

directions :

1) The petitioner is free to submit the petition

narrating the additional materials for ordering

further investigation within three weeks from the

date of receipt of a certified copy of this order,.

2) Once such an application is received, the

investigating officer will consider the same and take

appropriate decision in accordance with law and

intimate the same to the petitioner within one

month from the date of receipt of the petition.

3) All the contentions raised by the petitioner in this

case are left open.

4) The trial in CC No. 347/2014 shall be kept in

abeyance till the final decision is taken by the

investigating officer as directed above.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF OP(CRL.) 482/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE J.F.C.M. COURT, PAYYANNUR.

Exhibit P2 TRUE COPY OF THE PETITION IN C.M.P.NO.6299/2019 ON THE FILE OF J.F.C.M. COURT, PAYYANNUR.

Exhibit P3                    TRUE COPY OF THE ORDER IN
                              C.M.P.NO.6299/2019 ON THE FILE OF
                              J.F.C.M. COURT, PAYYANNUR DATED
                              18.6.2020.