M/S Santhimadom Builders And ... vs State Of Kerala
2023 Latest Caselaw 11054 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                             CRL.MC NO. 8341 OF 2023
    INT CC 2486/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
PETITIONERS/ACCUSED NOS.1 TO 4:

     1       M/S SANTHIMADOM BUILDERS AND DEVELOPERS TRUST
             CORPORATE OFFICE GURUVAYOOR,
             REP BY ITS CHAIRMAN RADAKRISHNAN, NOW RESIDING AT
             SANTHIMADOM, THEKENALUVAZHY, N. PARAVOOR P.O., ERNAKULAM,
             PIN - 683 513.

     2       DR.RADHAKRISHNAN
             AGED 71 YEARS, S/O. NARAYANAN,
             CHAIRMAN, SANTHIMADOM, THEKKENALUVAZHI, N. PARAVUR,
             ERNAKULAM, PIN - 683 513.

     3       RAMANI RADAKRISHNAN
             AGED 68 YEARS, W/O RADAKRISHNAN,
             SANTHIMADOM, THEKENALUVAZHI, N.PARAVOOR PO.,
             ERNAKULAM, PIN - 683 513.

     4       RAGESH MANU
             AGED 35 YEARS, S/O RADAKRISHNAN,
             SANTHIMADOM, THEKENALUVAZHI, N. PARAVOOR, PIN - 683 513.

             BY ADVS.
                        ANOOP KRISHNA
                        V.A.PRADEEP KUMAR
                        JENNY THANKAM


RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:

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

     2       MRS. VIJAYAMMA VIJAYAN
             W/O VIJAYAN, DSB BHAVAN, GOVINDHA MUTTAM PO, KAYAMKULAM,
             ALAPPUZHA DISTRICT., PIN - 690 547.

             BY ADV. SRI VIPIN NARAYN (SR PP)

     THIS    CRIMINAL     MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC NO.8341 OF 2023                 2




                                 ORDER

This Crl.M.C has been filed seeking a direction to the Judicial

First Class Magistrate Court, Chavakkad, to consider Annexure-A3

application after taking into consideration Annexure-A4 judgment

of this Court.

2. Heard the learned Senior Public Prosecutor also.

Having regard to the facts and circumstances of the case and

considering the limited nature of relief sought for by the

petitioners, this Crl.M.C will stand disposed of directing that

Annexure-A3 application shall be considered and disposed of by

the Judicial First Class Magistrate Court, Chavakkad, in

accordance with the law and after taking note of Annexure-A4

judgment, within a period of one month from the date of receipt of

a certified copy of this order. I make it clear that I have not

expressed any option on the merits of the matter and it will be

open to the Judicial First Class Magistrate Court, Chavakkad to

take a decision on Annexure-A3, in accordance with the law.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF CRL.MC 8341/2023

PETITIONERS' ANNEXURES Annexure A1 THE TRUE COPY OF CHARGE IN CC NO 2486/2013 ON THE FILE OF THE JFCM1 CHAVAKKAD DATED 13.10.2021

Annexure A2 THE TRUE COPY OF THE COPY APPLICATION BEARING NO 1451/2023 IN CC NO 2486/2013 DATED 10.07.2023

Annexure A3 THE TRUE COPY OF THE ANOTHER COPY APPLICATION BEARING NO 1972/2023 IN CC NO 2486/2013 DATED 27.09.2023

Annexure A4 THE TRUE COPY OF THE DECISION ELSAMMA V. STATE OF KERALA REPORTED IN 2023 (4) KHC 578