Rexy Lopez vs State Of Kerala
2023 Latest Caselaw 10192 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                     CRL.MC NO. 5897 OF 2023
    AGAINST THE ORDER/JUDGMENT CC 531/2018 OF ADDITIONAL CHIEF
               JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONERS/ACCUSED 3 TO 5:

    1     REXY LOPEZ
          AGED 74 YEARS
          S/O FRANCIS @PRINCY,
          VELIYATH HOUSE BEHIND LMC BOYS,
          HIGH SCHOOL, PACHALAM DESAM, ERNAKULAM,
          COCHIN 682012, PIN - 682012
    2     SIMON LUIZ
          AGED 74 YEARS
          S/O PEETER LUIZ. LUIZ VILLA,
          CHERUPUNATHIL HOUSE, NEAR KASEEBA THEATRE,
          KONTHURUTHY, ERNAKUOLAM VILLAGE,
          ERNAKULAM, COCHIN- 682 013.
    3     J.M GOMEZ
          AGED 70 YEARS
          S/O BERTH LOMA GOMEZ, ' GENDALE' NAZRETH DESOM,
          THOPPUMPADY, RAMESWARAM VILLAGE, FORT KOCHI,
          COCHIN-682002.
          BY ADVS.
          SHAIJAN C.GEORGE
          VINAI JOHN
          HASHMI V.Z.
          SUJITHA S.


RESPONDENTS/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          PIN - 682031
    2     STATION HOUSE OFFICER
 Crl.M.C.No.5897 of 2023


                          2


          ERNAKULAM TOWN SOUTH POLICE STATION,
          ERNAKULAM, KOCHI CITY,
          PIN- 682 015.


          BY ADV.
          SRI.HRITWICK CS PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.09.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C.No.5897 of 2023


                               3




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
            Crl.M.C.No.5897 of 2023
   ----------------------------------------------
  Dated this the 21st 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) with the

following prayers:

"to quash Annexure 2 Final Report, and Annexure 6 Supplementary Final Report in CC 531/2018 pending before the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam"

2. When this matter came up for consideration,

this Court directed the Registry to get a report from

the lower court about the time required to dispose Crl.M.C.No.5897 of 2023

of the case itself. A report was submitted by the

learned Magistrate. It will be better to extract the

relevant portion of the above report:

"The case was taken on file as C.C.1680/2004 by the Additional Chief Judicial Magistrate, Ernakulam. Subsequently as per order No. B3-9608/2017 dated 18-12-2017 of Hon'ble Chief Judicial Magistrate, Ernakulam it was transferred to this court with a direction to the accused to appear before this court on 08-03- 2018. On receipt of case records it was renumbered as C.C.531/2018. Perusal of records show that charge u/s 406 and 420 r/w 34 IPC was already framed on 23-11-2013. CW1 was no more. CWs 3 and 4 were examined as PW1 and PW2 respectively on 21-08-2013. On 03-08-2015 the investigation officer had filed a report stating that the Superintendent of Police ordered further investigation and hence further proceedings of the case was stopped till the filing of further report. After further investigation, supplementary charge sheet was filed only on 28-12-2021. Accused No.1 and 2 were no more and the charge against them were abated. In the meanwhile accused 3 to 5 had Crl.M.C.No.5897 of 2023

filed a discharge petition and it was dismissed on 19-06-2023. Now the case stands posted to 19- 10-2023 for return of summons against CW5 and CW6. As per the memorandum of evidence 8 persons remains to be examined. In the original charge sheet there are 110 witnesses. In the said circumstances it is respectfully submitted that all endevours will be taken to dispose the case at the earliest."

3. From the above, it is clear that the

examination of the witnesses are going on. Even

though a discharge petition was filed by the

petitioners, the same was dismissed on 19.06.2023.

The learned Magistrate also observed that, 8

witnesses are to be examined. In such

circumstances, there can be a direction to the

learned Magistrate to dispose of the main case itself

within a period of four months.

Therefore, this Criminal Miscellaneous Case is Crl.M.C.No.5897 of 2023

disposed of directing the Additional Chief Judicial

Magistrate (E.O) Court, Ernakulam to dispose of

C.C.No.531/2018, as expeditiously as possible, at

any rate, within a period of four months from the

date of receipt of a certified copy of this order.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.5897 of 2023

APPENDIX OF CRL.MC 5897/2023

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE COMPLAINT CMP 4095/2002 FILED BEFORE ACJM COURT, ERNAKULAM ANNEXURE 2 THE CERTIFIED COPY OF THE ORIGINAL CHARGE SHEET ( FINAL REPORT) DATED 25.03.2004 IN C.C.NO.531/2018 ANNEXURE 3 TRUE COPY OF THE PETITION FILED BY THE LEARNED APP DATED 01.07.2015 ANNEXURE 4 TRUE COPY OF THE REPORT BEFORE THE TRIAL COURT SEEKING PERMISSION FOR FURTHER INVESTIGATION DATED ON 27.07.2015 ANNEXURE 5 TRUE COPY OF THE ORDER OF ACJM COURT ( E.O.), ERNAKULAM DATED 03.08.2015 IN CC NO.531/2018 ANNEXURE 6 THE CERTIFIED COPY OF THE SUPPLEMENTARY REPORT DATED 27.12.2021 IN CC NO.531/2018 ANNEXURE7 CERTIFIED COPY OF THE COURT CHARGE DATED 23.11.2011 IN CC NO.531/2018

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE