Bharath Ramanan, S/O.Ramanan vs State Of Kerala
2023 Latest Caselaw 10212 Ker

CRL.MC NO. 7664 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. 7664 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 66/2016 OF JUDICIAL MAGISTRATE
                          OF FIRST CLASS -II, KOLLAM
PETITIONER/S:
          BHARATH RAMANAN, S/O.RAMANANAGED 29 YEARSRAGAM
          VEEDU, VAIDYASALA NAGAR, 373, ASRAMOMCHERRY, KOLLAM
          EAST VILLAGE, KOLLAM, PIN - 691002

               BY ADVS.
               B.MOHANLAL
               ASWIN V. NAIR
               AJAY S. KOSHY
               JAYAPRABHA ARJUN


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

      2        THE STATION HOUSE OFFICERERAVIPURAM POLICE STATION,
               ERAVIPURAM.P.O., KOLLAM, PIN - 691011


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. 7664 OF 2023             2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                     Crl.M.C. No. 7664 of 2023
                   --------------------------------------
           Dated this the 21st day of September, 2023



                                ORDER

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

No.66/2016 on the file of the Judicial First Class Magistrate

Court-II, Kollam arising from Crime No. 396/2015 of

Eravipuram Police Station. The petitioner is the 2nd accused. It

is submitted that even if the entire allegations in the final

report and the accompanying documents are accepted in toto,

the offence is not made out against the petitioner. It is also

submitted that the petitioner want to go abroad and he wants

to join with the spouse. But, the court below granted only 3

years permission. In such circumstances, the petitioner want

to quash the proceedings and hence this Crl.M.C. is filed.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. I am of the considered opinion that this Crl.M.C.

need not be entertained for the simple reason that this is a

calendar case registered in the year 2016 and the crime case

is of the year 2015. There is some force in the argument of the

petitioner that if the case is unnecessarily delayed, it will

prejudice the interest of the petitioner, because he wants to

join with the spouse. In such circumstances, the petitioner can

be allowed to file a discharge petition, if charge is not framed.

If such a petition is filed, there can be a direction to consider

the same, without insisting the presence of the petitioner. All

the contentions raised by the petitioner in this Crl.M.C. are

left open.

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

directions :

1) The petitioner is free to file discharge petition before

the trial court within three weeks from the date of receipt

of a 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, as expeditiously as possible, at any rate, within one

month from the date of receipt of a certified copy of this

order.

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

the petitioner shall not be insisted till final orders are

passed in the discharge petition.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 7664/2023 PETITIONER ANNEXURES

Annexure A1 THE TRUE CERTIFIED COPY OF THE FIR CRIME NO. 396/2015 OF ERAVIPURAM POLICE STATION DATED 06/03/2015 IN KOLLAM DISTRICT REGISTERED BY THE 2ND RESPONDENT

Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN C.C 66/2016 DATED 06/03/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM

Annexure A3 THE TRUE COPY OF THE CERTIFICATE OF ENROLLMENT DATED 03/07/2023 ISSUED BY THE WILDAU TECHNICAL UNIVERSITY OF APPLIED SCIENCES, GERMANY TO SMT. ARYA VIKRAMAN

Annexure A4 THE TRUE COPY OF THE NOTICE DATED 28/11/2022 ISSUED BY THE REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM TO THE PETITIONER

Annexure A5 THE ORIGINAL ORDER IN CMP NO; 4358/2022 IN C.C NO: 66/2016 DATED 17/12/2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, KOLLAM

Annexure A6 THE TRUE COPY OF THE APPLICATION DATED 12/03/2015

Annexure A6(a) THE TRUE COPY OF THE CERTIFICATE DATED NIL