Naveen A.V vs State Of Kerala
2023 Latest Caselaw 10221 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. 8780 OF 2022
PETITIONER/1ST ACCUSED:


          NAVEEN A.V, AGED 43 YEARS, S/O. VASUDEVAN, RESIDING AT
          NAVEEN HOUSE, PERINGAMALA, KALLIYODU P O,
          THIRUVANANTHAPURAM DIST., PIN - 695042

          BY ADVS.
          PIRAPPANCODE V.S.SUDHIR
          AKASH S.
          GIRISH KUMAR M S
          V.S.VARALEKSHMI


RESPONDENTS/STATE& DEFACTO COMPLAINANT:


    1     STATE OF KERAL, REPRESENTED BY THE PUBLIC PROSECUTOR,
          OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA,
          ERNAKULAM(SUB INSPECTOR OF POLICE, KOVALAM POLICE
          STATION, THIRUVANANTHAPURAM), PIN - 682031

    2     SRI.ANIL KUMAR, S/O. SIVAN ASARI, SHIVALAYAM,
          PANANGODE, MUTTAKKAD P.O THIRUVNANATHAOPURAM, PIN -
          695527

          BY ADVS.
          D.SAJEEV
          LIGEY ANTONY(K/000510/1993)


OTHER PRESENT:
           SANGEETHA RAJ 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. 8780 OF 2022
                                        2

                       P.V.KUNHIKRISHNAN
                  ---------------------
                       Crl.MC.No.8780 of 2022
              ---------------------------
              Dated this the 21st day of September, 2023

                                JUDGMENT

This Crl.MC is filed with the following prayers:-

"to allow this Crl.MC quashing Annexure IX FIR in Crime No.1097/2022 of Kovalam Police Station, now pending before the Temporary Court of Judicial Magistrate of First Class, Neyyattinkara, as against the petitioner." (SIC)

2. The learned Public Prosecutor, after getting

instructions, submitted that the investigation is going on and the

investigating officer will complete the investigation as

expeditiously as possible.

3. In the light of the above submission, I think this Crl.MC

can be disposed of recording the same. If any final report is filed,

the petitioner is free to challenge the same, if he is aggrieved by

the same.

Therefore, this Crl.MC is disposed of directing the

investigating officer in Crime No.1097/2022 of Kovalam Police

Station to complete the investigation as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC NO. 8780 OF 2022

APPENDIX OF CRL.MC 8780/2022 PETITIONER ANNEXURES

Annexure I TRUE COPY OF THE WHATSAPP MESSAGE WHICH WAS GIVEN BY THE PETITIONER ON 28.08.2022 TO SRI.SABU, THE BROTHER OF THE 2ND RESPONDENT

Annexure II TRUE COPY OF THE NOTICE DATED 25.09.2022 GIVEN BY THE COUNSEL OF THE 2ND RESPONDENT AND HIS BROTHER, BY THEIR COUNSEL.

Annexure III TRUE COPY OF THE REPLY DATED 30.09.2022 GIVEN BY THE COUNSEL OF THE PETITIONER TO ANNEXUER II NOTICE

Annexure IV TRUE COPY OF THE PLAINT IN OS NO. 190/2022 FILED BY THE 2ND RESPONDENT AND HIS BROTHER BEFORE THE SUB COURT, THIRUVANANTHAPURAM

Annexure V TRUE COPY OF THE OBJECTION DATED 07.10.2022 FILED IN OS NO. 190/2022 FILED BY THE PETITIONER

Annexure VI TRUE COPY OF THE OBJECTION DATED DATED 15.10.2022 FILED BY LAND OWNERS K.SELVAKUMAR & SUDHA

Annexure VII TRUE COPY OF THE INTERIM APPLICATION FILED BY THE 2ND RESPONDENT AND HIS BROTHER ALONG WITH THE AFFIDAVIT SEEKING TO PROSECUTE THE PETITIONER

Annexure VIII TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT AND HIS BROTHER DATED 09.11.2022 BEFORE THE ASSISTANT COMMISSIONER OF POLICE, FORT POLICE STATION

Annexure IX CERTIFIED COPY OF THE FIR IN CRIME NO.

1097/2022 IN KOVALM POLICE STATION, THIRUVANANTHAPURAM.