Kerala High Court
A.G.Korah vs State Of Kerala on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
CRL.MC NO. 8887 OF 2023
AGAINST THE ORDER/JUDGMENT CC 489/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER/S:
A.G.KORAH, AGED 63 YEARS
S/O THE LATE A.K.GEORGE, RESIDING AT ANTHERIL
HOUSE, MOOLAVATTOM P.O, KOTTAYAM, PIN - 686026
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
C.Y.VIJAY KUMAR
T.B.SIVAPRASAD
ANANDHU SATHEESH
MANJU E.R.
ALINT JOSEPH
PAUL JOSE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SRI RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
-2-
Crl.M.C No. 8887 of 2023
P.V.KUNHIKRISHNAN, J.
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Crl.M.C No.8887 of 2023
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Dated this the 27th day of October, 2023
ORDER
This Crl.M.C is filed to quash the proceedings in CC No.489 of
2018 on the file of the Judicial First Class Magistrate Court -I
Ponnani, arising from Crime No.328 of 2010 of Changaramkulam
Police Station, Malappuram. The above case is registered for the
offences punishable under Sections 468 and 471 IPC and Section 4(1)
(A) read with Section 21(1) of the Mines and Minerals (Development
and Regulations) Act, 1957.
2. After hearing the counsel appearing for the petitioner in
detail, I am of the opinion that this Crl.M.C need not be entertained
for the simple reason that the Calendar Case is registered in the year
2018 and the Crime is registered in the year 2010. The counsel for the
petitioner submitted that even if the entire allegations are accepted, no
offence is made out. The counsel for the petitioner also submitted that
no sanction is obtained under Section 197 Cr.P.C.
Crl.M.C No. 8887 of 2023
3. I am of the considered opinion that the petitioner can be
allowed to raise these contentions as a preliminary point before the
trial court, by filing discharge petition, if the charge is not framed. If
such a discharge petition is filed, the presence of the petitioner need
not be insisted by the Magistrate and the petitioner can argue the
discharge petition through a lawyer.
Therefore, this Criminal Miscellaneous Case is disposed of in
the following manner:
1. The petitioner is free to file a discharge petition before
the trial court, 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 trial
court will consider the same and pass appropriate orders
in it, after giving an 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
trial court, till final orders are passed in the discharge
petition.
Crl.M.C No. 8887 of 2023
4. All the contentions raised by the petitioner in this
criminal miscellaneous case are left open.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
Crl.M.C No. 8887 of 2023
APPENDIX OF CRL.MC 8887/2023
PETITIONER ANNEXURES
Annexure A- 1 TRUE COPY OF THE FIR IN CRIME NO. 328
OF 2010 ON THE FILES OF THE
CHANGARAMKULAM POLICE STATION,
MALAPPURAM
Annexure A-2 TRUE COPY OF THE ADDITIONAL REPORT
FILED BY THE INVESTIGATING OFFICER
Annexure A-3 TRUE COPY OF THE JUDGEMENT DATED 21-8-
2020 IN W.P (C) NO. 26270 OF 2013
Annexure A-4 TRUE CERTIFIED COPY OF THE FINAL REPORT
/ CHARGE SHEET IN CRIME NO. 328 OF 2010
OF CHANGARAMKULAM POLICE STATION,
MALAPPURAM DISTRICT FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE'S COURT
AT PONNANI, WHICH WAS TAKEN ON FILE
BEFORE THE SAID COURT AS C.C NO. 489 OF
