Robin Vincent vs State Of Kerala
2023 Latest Caselaw 10210 Ker

CRL.MC NO. 7716 OF 2023                1



                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. 7716 OF 2023
AGAINST THE ORDER/JUDGMENT CC 873/2015 OF JUDICIAL MAGISTRATE
                          OF FIRST CLASS - I, ETTUMANOOR
PETITIONER/S:
          ROBIN VINCENTAGED 42 YEARSS/O. VINCENT PAUL
          PUTHUPARAMBIL HOUSE, KURUPUNTHARA KARA MANJOOR
          VILLAGE, KOTTAYAM DISTRICT, PIN - 686603

               BY ADVS.
               BIJU .C. ABRAHAM
               THOMAS C.ABRAHAM
               BINU MATHEW


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


OTHER PRESENT:
          RENJITH TR PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7716 OF 2023          2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No. 7716 of 2023
                    --------------------------------------
            Dated this the 21st day of September, 2023


                              ORDER

This Crl.M.C. is filed to quash the proceedings in CC No.

873/2015 on the file of the Judicial First Class Magistrate

Court-I, Ettumanoor arising from Crime No. 1414/2014 of

Ettumanoor Police Station. It is a case chargesheeted alleging

offences punishable under Sec. 304 A.

2. After hearing the counsel for the petitioner, I am of

the prima facie opinion that this Crl.M.C. need not be

entertained for the simple reason that this is a case which was

registered in year 2014 and the calendar case was registered

in the year 2015. According to the petitioner, even if the

entire allegations are accepted, no offence is made out. It is a

summons case. If that is the case, the petitioner can file a

petition before the Jurisdictional court under Sec. 258 Cr.P.C.

for dropping. If such a petition is filed, there can be a

direction to the learned Sessions Judge to consider the same

within a time frame.

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

directions :

1) The petitioner is free to file a petition to drop the

proceedings under Sec. 258 Cr.P.C. if he has a valid

ground for the same within three weeks from the date of

receipt of a copy of this order.

2) Once such a petition is received, the Jurisdictional court

will consider the same and pass appropriate orders in it,

after giving an opportunity of hearing to the petitioner

and the Prosecutor concerned as expeditiously as

possible, at any rate, within six weeks from the date of

receipt of the application.

3) All the contentions raised in this Crl.M.C. are left open

and the petitioner is free to agitate the same before the

lower court. Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 7716/2023 PETITIONER ANNEXURES

Annexure 1 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 1414/2014 OF ETTUMANOOR POLICE STATION

Annexure 2 A TRUE COPY OF THE COMPLAINT FILED BY THE ASSISTANT FACTORIES INSPECTOR IN CASE NO. 384/2014 PENDING ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANOOR