Suresh Babu vs State Of Kerala
2023 Latest Caselaw 10214 Ker

CRL.MC NO. 7654 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. 7654 OF 2023
          AGAINST THE ORDER/JUDGMENT CC 2325/2016 OF JUDICIAL
                  MAGISTRATE OF FIRST CLASS ,MALAPPURAM
PETITIONER/S:
          SURESH BABUAGED 60
          YEARSS/O.KAMALAKSHI,THEEKKUNNUMMAL HOUSE, ONCHIYAM,
          VADAKARA, KOZHIKKODE DISTRICT, PIN - 673308

               BY ADVS.
               M.A.ABDUL HAKHIM
               JOSEPH GEORGE


RESPONDENT/S:
    1     STATE OF KERALAREPRESENTED BY SUB INSPECTOR OF
          POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT.
          THROUGHTHE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA., PIN - 682031

      2       SUB INSPECTOR OF POLICETIRUR POLICE
              STATION,MALAPPURAM DISTRICT., PIN - 676101


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. 7654 OF 2023          2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No. 7654 of 2023
                    --------------------------------------
            Dated this the 21st day of September, 2023


                              ORDER

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

2325/2016 on the file of the Judicial First Class Magistrate

Court-I, Tirur. The offences alleged are under Sec. 379 IPC

and under Secs. 20 & 23 of the Kerala Protection of River

Banks and Regulation of Removal of Sand Act. It is submitted

that even if the entire allegations are accepted, no offence is

made out. It is also submitted that even as per the

prosecution case, an Ape Goods Autorickshaw is involved in

this case and the registration number of the vehicle is KL--46-

6276. According to the petitioner, this is the number of the

petitioner's Honda Activa Scooter. Hence, this Crl.M.C. is

filed to quash the proceedings.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. After going through the pleadings, I am not inclined

to interfere in this case for the simple reason that this

calendar case is registered in the year 2016. The petitioner

can raise all the contentions before the trial court. If no

charge is framed, the petitioner can file a discharge petition

and if such a petition is filed, there can be a direction to

consider the same within a time frame without insisting the

presence of the petitioner.

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.

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 petitioner shall not be insisted till final orders are

passed in the discharge petition.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 7654/2023 PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE FINAL REPORT DATED 25/05/2016 SUBMITTED BY THE 2ND RESPONDENT IN C.C.NO.2325/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TIN]R WITH FIR, SEIZURE MAHAZAR, STATEMENTS OF WITNESSES AND SCENE MCHAZAR