Sunil Kumar vs State Of Kerala
2023 Latest Caselaw 9598 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      CRL.MC NO. 975 OF 2021
AGAINST THE ORDER/JUDGMENT CC 1026/2017 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS - I, KARUNAGAPPALLY
PETITIONER/ACCUSED:

          SUNIL KUMAR,
          AGED 49 YEARS
          S/O. SADANANDAN, CHANDRATHARA VEEDU, MURUKALAYAM
          JUNCTION, PULIYOORVANCHI VADAKKUM MURI, THODIYOOR
          VILLAGE, KOLLAM DISTRICT-690 523.
          BY ADVS.
          K.SIJU
          SRI.S.ABHILASH
          SMT.S.SEETHA
          SMT.ANJANA KANNATH
          SMT.RENUKA VENU


RESPONDENTS/STATE:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM-682 031.
    2     THE STATION HOUSE OFFICER
          KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT-690 518.


          BY ADV. SRI.RENJITH T.R., PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.975 of 2021


                                2




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
             Crl.M.C.No.975 of 2021
   ----------------------------------------------
  Dated this the 08th day of September, 2023


                           ORDER

Petitioner is arrayed as accused in Crime

No.780/2017 of Karunagappally Police Station

alleging offences punishable under Section 17 of the

Kerala Money Lenders Act & Section 3 r/w 4 of the

Kerala Prohibition of Charging Exorbitant Interest

Act, 2012. The case is now pending as

C.C.No.1026/2017 on the file of the JFMC,

Karunagappally. Annexure-1 is the FIR and

Annexure-2 is the final report. It is the case of the

petitioner that, no offence is made out against the

petitioner, even if the entire allegations in Annexures

1 and 2 are accepted. Hence this Crl.M.C is filed. Crl.M.C.No.975 of 2021

2. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

3. After hearing both sides, I am of the

considered opinion that, since this is a crime

registered in the year 2017 and the Calender Case

is also registered in the year 2017, this Crl.M.C need

not be entertained. The petitioner can be allowed to

file a discharge petition before the lower court, if

charge is not framed. If such a petition is filed,

there can be a direction to the lower court to

consider the same without insisting for the presence

of the petitioner.

Therefore, this Criminal Miscellaneous case is

disposed of in the following manner:

i. The petitioner is free to submit a

petition for discharge before the lower court, if

charge is not framed, within three weeks from Crl.M.C.No.975 of 2021

the date of receipt of a certified copy of this

order.

ii. Once such a discharge petition is

received, the trial 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 a period of six

weeks from the date of receipt of the discharge

petition.

iii. If the discharge petition is filed as

directed above, till final orders are passed in it,

the presence of the petitioner shall not be

insisted by the learned Magistrate.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.975 of 2021

APPENDIX OF CRL.MC 975/2021

PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.780/2017 OF KARUNAGAPPALLY POLICE STATION DATED 21.2.2017.

ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT DATED 30.5.2017 IN CRIME NO.780/2017 OF KARUNAGAPPALLY POLICE STATION.

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