Kerala High Court
Moosakutty vs The 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. 8819 OF 2023
AGAINST THE ORDER/JUDGMENT CC 1237/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, VADAKKANCHERRY
PETITIONER/S:
MOOSAKUTTY, AGED 58 YEARS
S/O KUNJU, IKKIAPPADATH HOUSE, KADAVALLUR,
ERUMAPETTY P.O, THRISSUR, KERALA., PIN - 680584
BY ADVS.
M.R.DHANIL
SENITTA P. JOJO
BLITTY ROSE.T.K
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
ERUMAPETTY POLICE STATION, THRISSUR, THROUGH ITS
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 KRISHNANKUTTY
AGED 50 YEARS
S/O. PENGAN, AMBATTUPARAMBIL VEEDU, KUTTICHIRA
VILLAGE,CHEMBANKUNNU DESOM, CHALAKUDY TALUK,
KUTTICHIRA P.O., THRISSUR DISTRICT, KERALA., PIN
- 680724
OTHER PRESENT:
M.P PRASANTH ,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. 8819 of 2023
P.V.KUNHIKRISHNAN, J.
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Crl.M.C No. 8819 of 2023
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Dated this the 27th day of October, 2023
ORDER
The above Crl.M.C is filed to quash the proceedings in CC
No.1237 of 2021 on the file of the Judicial First Class Magistrate
Court, Vadakkancherry, arising from Crime No.817 of 2016 of
Erumapetty Police Station, Thrissur. The above case is registered
alleging offences punishable under Sections 420, 465 and 475 IPC.
2. After hearing the counsel for the petitioner for some time,
I am of the considered opinion that this Crl.M.C need not be
entertained for the simple reason that this is a case registered based on
a crime of the year 2016 and the Calendar case is of the year 2022.
The counsel for the petitioner submitted that even if the entire
allegations are accepted, no offence is made out against the petitioner.
If that be so, the petitioner can file a discharge petition before the trial
court and if such a petition is filed, there can be a direction to the trial
court to consider the same without insisting the presence of the
petitioner.
Crl.M.C No. 8819 of 2023
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.
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. 8819 of 2023
APPENDIX OF CRL.MC 8819/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CRIME/FIR NO. 817/2016
DATED 04/06/2016 OF ERUMAPETTY POLICE
STATION ALONG WITH THE FIRST
INFORMATION STATEMENT
Annexure A2 TRUE COPY OF THE FINAL REPORT IN
CRIME/FIR NO. 817/2016 DATED 18/12/2020
Annexure A3 TRUE COPY OF THE SALE DEED NO.
2590/2009 DATED 24/12/2009 OF THE
ERUMAPETTY SRO
Annexure A4 TRUE COPY OF THE REGISTERED POWER OF
ATTORNEY NO. 130/1992 DATED 25/08/1992
OF ERUMAPETTY SRO
