Kerala High Court
Madan Mohan vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3630 OF 2024
CRIME NO.134/2019 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 02.08.2023 IN CMP 2792/2023
IN CC NO.417 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
MADAN MOHAN
AGED 69 YEARS, S/O GANGADHARAN, VADAKKEMADATHIL
HOUSE NO.3, STADIUM PARK VILLA, STADIUM LINK ROAD,
KALOOR, ERNAKULAM DISTRICT - 682 017
BY ADVS.
C. DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031
2 SUFFERULLAH
AGED 61 YEARS, S/O ELIYAS KUNJU, 1B, ABAD CLOUD NINE,
GIRINAGAR, NEAR PASSPORT OFFICE, ELAMKULAM VILLAGE,
PANAMPILLY NAGAR, ERNAKULAM - 682 036
BY ADV.
SMT. SEETHA S, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL. M.C. NO.3630 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No. 3630 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous case is filed to quash
the proceedings in C.C. No.417/2019 on the files of
Judicial Magistrate of First Class - IX, Ernakulam
arising from Crime No.134/2019 of Palarivattom Police
Station.
Admittedly, the petitioner filed a discharge
petition, which is dismissed as per Annexure-A3 order.
If that be the case, the petitioner can file a revision
before the Sessions Court. At this stage, the learned
counsel for the petitioner submitted that, the case is
posted for framing charges. The framing of charge can
CRL. M.C. NO.3630 OF 2024
be deferred for a period of two weeks, so that, the
petitioner can approach the Sessions Court.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions;
1. The petitioner is free to challenge
Annexure-A3 before the Sessions Court, if
he is advised to do so.
2. The framing of charge in C.C.
No.417/2019, as against the petitioner, is
deferred for a period of two weeks.
3. The Registry will return the certified copy
of Annexure-A3 to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
CRL. M.C. NO.3630 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR ALONG WITH
STATEMENT IN CRIME NO.134/2019 OF
PALARIVATTOM POLICE STATION,
ERNAKULAM DATED 22-01-2019
ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.134/2019 OF PALARIVATTOM POLICE
STATION, ERNAKULAM NOW PENDING AS CC
NO. 417/2019 ON THE FILES OF JUDICIAL
MAGISTRATE OF FIRST CLASS -IX,
ERNAKULAM DATED 25-06-2019
ANNEXURE 3 THE CERTIFIED COPY OF THE ORDER
DATED 02-08-2023 IN CMP NO. 2792/2023 IN
CC NO.417/2019 ON THE FILES OF JUDICIAL
MAGISTRATE OF FIRST CLASS - IX,
ERNAKULAM
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
