Kerala High Court
Jesumani Selvaraj Jaskar vs State Of Kerala on 18 September, 2023
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. 7544 OF 2023
AGAINST THE ORDER/JUDGMENT CC 225/2022 OF CHIEF JUDICIAL
MAGISTRATE ,MANJERI
PETITIONER/ACCUSED NO.3:
JESUMANI SELVARAJ JASKAR
AGED 30 YEARS
S/O. D.J. SELVARAJ, A-118, KOVAIPUDUR, COIMBATORE,
TAMIL NADU, PIN - 641042
BY ADVS.
BALAMURALI K.P.
M.B.SOORI
HARIPRIYA.M
SREEJITH.M.R
ATHEESHA M.V.
RESPONDENTS/STATE & UNION OF INDIA:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULUM, PIN - 682031
2 CENTRAL BUREAU OF INVESTIGATION (CBI)
COCHIN, REPRESENTED BY THE SPECIAL PROSECUTOR FOR CBI,
HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7544 of 2023
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No.7544 of 2023
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Dated this the 18th day of September, 2023
ORDER
This Criminal Miscellaneous Case is filed
under Section 482 of the Code of Criminal
Procedure, 1973 ("the Code" for the sake of
brevity).
2. Petitioner is the 3rd accused in
C.C.No.225/2022 on the file of the Chief Judicial
Magistrate Court, Manjeri arising from Crime
No.470/2020 of Melattor Police Station.
3. The above case is charge sheeted
against the petitioner and others alleging offences
punishable under Section 420, 406 r/w 34 IPC.
Crl.M.C.No.7544 of 2023
Subsequently, the case was transferred to the
Central Bureau of Investigation. At this stage,
this Criminal Miscellaneous Case is filed to quash
the proceedings against the petitioner.
4. Admittedly, the final report is filed and
now the case is transferred to the CBI. In such
circumstances, this Court can not quash the
proceedings. But the counsel appearing for the
petitioner submitted that, there may be a
direction to the lower court to consider the
application for exemption especially in the light of
the fact that the matter is going to be investigated
by the CBI. I think there is some force in that
argument.
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner.
i) Petitioner shall surrender before the
Crl.M.C.No.7544 of 2023
jurisdictional court within one month and file a
bail application. If such a bail application is
filed, the court concerned will consider the
same in accordance with law.
ii) Along with the bail application, the
petitioner is also free to file an exemption
petition under Section 205 Cr.P.C. and if such
an application is filed, the court concerned will
consider that application also, in the light of
the fact that the appearance of the petitioner
may not be necessary in the court because
the matter is entrusted to the CBI.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.No.7544 of 2023
APPENDIX OF CRL.MC 7544/2023
PETITIONER ANNEXURES
ANNEXURE1 THE CERTIFIED COPY OF THE FIR
DATED 17/09/2020 IN CRIME
NO.470/2020 OF MELATTOOR POLICE
STATION ALONG WITH COMPLAINT/FIS
GIVEN BY THE DEFACTO COMPLAINANT.
ANNEXURE2 THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO.470/2020 OF
MELATTOOR POLICE STATION, WHICH
IS NOW PENDING AS C.C. NO.
225/2022, ALONG WITH THE
STATEMENTS OF THE WITNESSES.
ANNEXURE3 THE TRUE COPY OF THE NOTICE UNDER
41A CR.P.C. DATED 27/01/2023
ISSUED BY THE SUB INSPECTOR,
MULANTHURUTHY POLICE STATION.
ANNEXURE4 THE TRUE COPY OF THE NOTICE UNDER
41A CR.P.C. DATED 22/06/2022
ISSUED BY THE DEPUTY
SUPERINTENDENT OF POLICE,
NARCOTIC CELL, MALAPPURAM.
ANNEXURE5 THE TRUE COPY OF THE JUDGMENT
DATED 05/04/2022 IN WP(C) NO.
26764/2020 OF HON'BLE HIGH COURT
OF KERALA.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
