Abhijith vs State Of Kerala
2023 Latest Caselaw 10006 Ker

CRL.MC NO. 5973 OF 2023               1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                             CRL.MC NO. 5973 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 693/2016 OF JUDICIAL MAGISTRATE
                          OF FIRST CLASS I ,PERUMBAVOOR
PETITIONER/S:
     1    ABHIJITH AGED 30 YEARSS/O BOSS, VENGUR VEST
          VILLAGE,PRELAYAKADU BHAGATH, KOOMUPARAMBIL VEEDU
          ,PERUMBAVOOR ERNAKULAM DIST, KERALA, PIN - 683542

      2        AJITH, AGED 30 YEARSS/O RADHAKRISHNAN,PRITHAP
               NIVAS,KOTTAPPURAM, THRISSUR, KERALA, PIN - 683542

      3        NITHIN ,AGED 28 YEARSS/OPITHAMBARAN ,MELUVEETTIL,
               NENMANIKKARA, AMBALLOOR, THRISSUR, KERALA -, PIN -
               683542

      4        ANUMODH,AGED 32 YEARSS/O SHANMUGHAN, POYYA
               VILLAGE,PALLIPURAM KARAYIL, CHENTHUTHURUTHI VEEDU
               THRISSUR, KERALA - KERALA, PIN - 683542

      5        ANANDUAGED 28 YEARSS/O MOHANAN, VENGUR
               VILLAGE,ARUVAPPURA BHAGATH, KOTTICKAL VEEDU
               ,PERUMBAVOOR ERNAKULAM DIST, KERALA -, PIN - 683542

      6        SHYAMAGED 34 YEARSS/O RAJU, MADHAVA NIVAS,ELAMAKKARA
               , EDAPPALLY SOUTH, ERNAKULAM DIST, KERALA - 683542,
               PIN - 683542

      7        SHIJIL,AGED 32 YEARSS/O RAJENDRAN , MADHAVA SADHANAM
               VEEDU, THEVALLI PO, KOLLAM WEST KOLLAM DIST, KERALA,
               PIN - 683542

      8        ASHIRVADAGED 27 YEARSS/O REVINDRAN,
               IRUMBANPUTHENPURAYIL VEEDU, IRAPURAM, ERNAKULAM
               DIST, KERALA, PIN - 683541

               BY ADVS.
 CRL.MC NO. 5973 OF 2023             2


               KRISHNADAS P. NAIR
               K.L.SREEKALA
               HARIDAS P.NAIR
               M.RAJESH KUMAR
               M.A.VINOD
               K.G.MANOJ KUMAR
               SHINTO THOMAS
               PRASOON.K.P
               VISHNU PRASAD
               ANU PRABHAKAR


RESPONDENT/S:
     1    STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH
          COURT OF KERALA, PIN - 682031

      2        THE SUB INSPECTOR OF POLICE,PERUMBAVOOR POLICE
               STATION, POOPANI ROAD PERUMBAVOOR - KERALA 683 542,
               PIN - 683542


OTHER PRESENT:
          HRITWICK CS , PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5973 OF 2023                3


                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No. 5973 of 2023
                    --------------------------------------
            Dated this the 18th day of September, 2023


                                    ORDER

This Crl.M.C. is filed to quash the proceedings in

Annexure-A2 final report which arises from Crime No.

1926/2016 of Perumbavoor Police Station. Annexure-A2 final

report is pending as CC No.693/2016 before Judicial First Class

Magistrate Court-I, Perumbavoor.

2. The allegation is that the petitioners and others have

obstructed the duty of the 2nd respondent and others and

thereafter blocked the road, raised slogans and obstructed the

public and vehicular traffic.

3. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

4. After hearing the counsel appearing for the

petitioners in length, I am of the considered opinion that this

Crl.M.C. need not be entertained invoking the powers under

Sec. 482 Cr.P.C. for the simple reason that the crime was

registered in the year 2016 and the CC is pending from 2016

onwards. If the charge is not framed in the above case, the

petitioners can be allowed to file the discharge petition and

there can be a direction to consider that discharge petition

without insisting the presence of the petitioners.

Therefore, this Crl.M.C is disposed of with the following

directions :

1) The petitioners are free to file discharge petition before

the trial court within three weeks from the date of receipt

of a certified copy of this order.

2) Once such a discharge petition is received, the trial court

will consider the same and pass appropriate orders in it,

as expeditiously as possible, at any rate, within six weeks

from the date of receipt of a certified copy of this order.

3) If such a discharge petition is filed, the presence of the

petitioners shall not be insisted till final orders are passed

in the discharge petition. Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 5973/2023 PETITIONER ANNEXURES

Annexure 1 THE CERTIFIED COPY OF THE FIR DATED 08.05.2016 IN CRIME NO 1926/2016 OF PERUMBAVOOR POLICE STATION, PERUMBAVOOR

Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1926/2016 OF PERUMBAVOOR POLICE STATION,PERUMBAVOOR IN C.C. NO. 693/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT PERUMABAVOOR,