Rajesh Vijayan vs The State Of Kerala
2024 Latest Caselaw 15705 Ker

Kerala High Court

Rajesh Vijayan vs The State Of Kerala on 6 June, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                PRESENT


               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN


     THURSDAY, THE 6TH DAY OF JUNE    2024 / 16TH JYAISHTA, 1946


                        CRL.MC NO. 4170 OF 2023


         CRIME NO.51/2012 OF GURUVAYOOR POLICE STATION, TRISSUR


 AGAINST THE ORDER DATED 05.04.2023 IN CRL.MP NO.1117/2023 IN CC
   NO.730 OF 2012 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST
                         CLASS ,CHAVAKKAD


PETITIONER/RESPONDENT NO.1:

              RAJESH VIJAYAN AGED 53 YEARS S/O. VIJAYAN,
              INDIRA GANDHI ROAD, KOZHIKODE, PIN - 673016
              BY ADVS. JAGAN ABRAHAM M.GEORGE JAISON ANTONY

RESPONDENTS/STATE AND PETITIONER AND RESPONDENTS 2 AND 4:

     1        THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM.,
              PIN - 682031
     2        ROY VIJAYAN AGED 55 YEARS S/O. VIJAYAN, PRASANNA,
              INDIRA GANDHI ROAD, KOZHIKODE.,
              PIN - 673016
     3        RANI VENUGOPAL AGED 62 YEARS W/O. VENUGOPAL,
              THANDASSERY HOUSE,CHEMBUKKAVU,    THRISSUR-,
              PIN - 680005
              SR PP RENJIT   GEORGE

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.4170 of 2023

                                     2




                          A. BADHARUDEEN, J.
                  ----------------------------------------
                       Crl.M.C. No.4170 of 2023
       -------------------------------------------------------------
                 Dated this the 6th day of June, 2024

                             ORDER

This is a petition filed under Section 482 of the Code of

Criminal Procedure (`Cr.P.C' for short) and the prayers are as

under:-

To quash the Annexure A3 order dated 05.04.2023 in Criminal

Miscellaneous Petition No.1117/2023 in CC No.730/2012 on the file

of the Honourable Judicial First Class Magistrate Court, Chavakkad

and to remove the case from the special list.

2. Heard the learned counsel for the petitioner as well as

the learned Public Prosecutor.

3. The learned counsel for the petitioner has placed the

order in Criminal Miscellaneous Case No.1611/2021 against the

order/judgment in CC No.1806/2015 of the Judicial First Class

Magistrate, Kalamassery. The petitioner is aggrieved by Annexure

A3 order, whereby the learned Magistrate received documents filed

by the prosecution in addition to the documents form part of the

final report.

4. The 1st accused/petitioner opposed the same contending

that such documents could not be received in advance. On perusal

of the documents received by the Court, it could be seen that the

same are certified copies of proceedings before the Family Court, in

between the same parties.

5. There is no bar for the prosecution to place additional

documents apart from the documents referred in the final report, if

the said documents are also necessary to prove the prosecution

case0, after serving copies of the same to the other side. However,

admissibility and tendering of the documents in evidence shall be as

per the prosecution case. As far as the order impugned is

concerned, the learned Magistrate only accepted the documents and

the tendering of documents in evidence is yet to come in, since the

trial not yet started. Therefore, while confirming Annexure A3

order, it is specifically ordered that tendering and marking of the

documents in evidence shall be as per the procedure established by

law.

Accordingly, the above petition is disposed of.

Sd/-

A. BADHARUDEEN JUDGE

RPR/-

PETITIONER ANNEXURES

Annexure-1 TRUE COPY OF THE PETITION NUMBERED AS CRL.M.P.NO.1117/2023 DATED 09-03-2023 Annexure-A2 TRUE COPY OF THE OBJECTION OF THE PETITIONER DATED 15-03-2023 IN THE ABOVE CRL.M.P.NO.1117/2023 Annexure-A3 CERTIFIED COPY OF THE ORDER DATED 05-04-2023 IN CRL.MP.NO.1117/2023 IN C.C.NO.730/2012