C.N.Bavuka vs State Of Kerala
2023 Latest Caselaw 11024 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                     CRL.MC NO. 8742 OF 2023
  AGAINST THE ORDER/JUDGMENT CC 13/2009 OF JUDL. MAGI. OF FIRST
                       CLASS-III, KOTTAYAM
PETITIONER(S)/ACCUSED NO.3:

          C.N.BAVUKA
          AGED 64 YEARS
          S/O SREENIVALSAN, SREENIVAS, ANAVATHUNKKAL, MAHE,
          PONDICHERRY, PIN - 673310
          BY ADVS.
          P.A.AJITH KUMAR
          SIJA S.
          K.MEKHA DINESH


RESPONDENT(S):

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL
          OFFICE, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031


          BY ADV.
          SRI. HRITHWIK C.S., PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.8742 of 2023


                            2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
               Crl.M.C.No.8742 of 2023
      ----------------------------------------------
      Dated this the 26th day of October, 2023


                          ORDER

This Criminal Miscellaneous Case is filed to quash

the proceedings in C.C.No.13/2009 on the file of the

Judicial First Class Magistrate Court-III, Kottayam

arising from Crime No.236/2006 of Kottayam West

Police Station. The above case is charge-sheeted

alleging offences punishable under Section 416, 420,

468, 471 r/w 34 IPC.

2. After hearing both sides, I am of the

considered opinion that this Crl.M.C. need not be

entertained for the simple reason that the Calender

Case was registered in the year 2009 and the crime Crl.M.C.No.8742 of 2023

itself was registered in the year 2006. The petitioner

can be allowed to file a discharge petition before the

court below if charge is not framed and there can be a

direction to consider the same within a time frame.

The presence of the petitioner can be dispensed with

till final orders are passed in the discharge petition.

Therefore, this Criminal Miscellaneous Case is

disposed of in the following manner:

1. The petitioner is free to file a discharge

petition before the Judicial First Class

Magistrate Court-III, Kottayam within three

weeks from the date of receipt of a stamped

certified copy of this order, if charge is not

framed.

2. Once such a discharge petition is received,

the Magistrate will consider the same and

pass appropriate orders in it, after giving an Crl.M.C.No.8742 of 2023

opportunity of hearing to the petitioner and

the Prosecutor concerned, within a period of

six weeks from the date of receipt of the

discharge petition.

3. If a discharge petition is filed as directed

above, the presence of the petitioner shall

not be insisted by the Magistrate, till final

orders are passed in the discharge petition.

4. All the contentions raised by the petitioner in

this criminal miscellaneous case are left

open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.8742 of 2023

APPENDIX OF CRL.MC 8742/2023

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER IN CRL.M.P NO 2738/2008 OF THE DISTRICT AND SESSIONS COURT KOTTAYAM DATED 15-11

-2008.

ANNEXURE A2 TRUE EXTRACT OF THE CASE DETAILS AND PROCEEDINGS FROM THE WEBSITE ECOURT INDIA SERVICES OF C.C 13/2009 DATED 10/16/23.

ANNEXURE A3 TRUE COPY OF THE MEDICAL PRESCRIPTION AND BTPS TEST REPORT OF THE GENERAL HOSPITAL MAHE, DATED 6- 1-2021.

RESPONDENTS EXHIBITS       :NIL
                 //TRUE COPY//    PA TO JUDGE