Kerala High Court
K.P.Sujesh Kumar vs State Of Kerala on 23 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
OP(CRL.) NO. 162 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
OP(CRL.) NO. 162 OF 2024
CRIME NO.677/2009 OF Museum Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 208/2011 OF CHIEF JUDICIAL
MAGISTRATE ,THIRUVANANTHAPURAM/ SPECIAL COURT FOR TRIAL OF CYBER
CRIME
CRRP 1/2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
THIRUVANANTHAPURAM / II ADDITIONAL MACT
PETITIONER/S:
K.P.SUJESH KUMAR
AGED 47 YEARS
S/O PARAMESWARAN, KGNRA 84, FIRST FLOOR, KALLUMMOODU
GARDENS, ANAYARA, PETTAH.P.O, THIRUVANANTHAPURAM, PIN -
695024
BY ADV M.R.SARIN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 162 OF 2024
2
BECHU KURIAN THOMAS, J.
========================
OP(Crl.)No.162 of 2024
------------------------------------------------
Dated this the 23rd day of February, 2024
JUDGMENT
The limited relief now sought for by the petitioner is for a
direction to the Sessions Court-V, Thiruvananthapuram to consider
and pass orders on Crl.M.P.No.1/2024 in Crl.R.P.No.1/2024 in a time
bound manner.
2. According to the petitioner, he had filed an application
for discharge in C.C.No.208/2011 on the files of the Chief Judicial
Magistrate Court, Thiruvananthapuram. However, the said
application was allowed only in part, against which a revision has
been preferred. Though an application for stay of the trial court
proceedings were sought for, no orders have been passed and as the
trial court has posted the case for framing of charge, petitioner
apprehends that the revision itself would become redundant unless
orders are passed on the application for stay of trial court
proceedings.
3. Having heard the learned Counsel for the petitioner as
well as the learned Public Prosecutor, I am satisfied that this original
petition can be disposed of with a direction.
4. Accordingly, there will be a direction to the Additional
Sessions Court-V, Thiruvananthapuram to consider and pass orders
OP(CRL.) NO. 162 OF 2024
on Crl.M.P.No.1/2024 in Crl.R.P.No.1/2024, as expeditiously as
possible, at any rate, within four weeks from the date of receipt of a
copy of this judgment. The learned Magistrate shall defer the
proceedings in C.C.No.208/2011 for framing of charge, till orders are
passed by the Sessions Court on the application, as directed above.
The original petition is disposed of accordingly.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
OP(CRL.) NO. 162 OF 2024
APPENDIX OF OP(CRL.) 162/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN CRL.M.C
NO.60/2013 ON THE FILE OF THIS HONOURABLE
COURT, DATED 3/10/2023
Exhibit P2 TRUE COPY OF THE ORDER IN CMP NO.3215/2023 IN
CC NO.208/2011 ON THE FILE OF THE CHIEF
JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION IN CRL.R.P NO.1/2024, ON THE FILE OF
THE DISTRICT AND SESSIONS COURT,
THIRUVANANTHAPURAM, DATED 9/01/2024
Exhibit P4 TRUE COPY OF CRL.M.P NO.1/2024 IN CRL.R.P
NO.1/2024 ON THE FILE OF THE DISTRICT AND
SESSIONS COURT, THIRUVANANTHAPURAM, DATED
9/01/2024
Exhibit P5 TRUE COPY OF THE E-COURT PROCEEDINGS DATED
12/01/2024 IN CRL.R.P NO.1/2024 ON THE FILE
OF THE DISTRICT AND SESSIONS COURT,
THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE E-COURT PROCEEDINGS DATED
21/02/2024 IN CRL.R.P NO.1/2024 ON THE FILE
OF THE DISTRICT AND SESSIONS COURT,
THIRUVANANTHAPURAM
