Kerala High Court
Manoj Kumar vs State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.MC NO.7958 of 2018
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2024:KER:83245
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
CRL.MC NO. 7958 OF 2018
CRIME NO.1341/2014 OF CHAVARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2432 OF
2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA
PETITIONER/ACCUSED:
MANOJ KUMAR,
AGED 50 YEARS, S/O SURENDRAN, MANAGER, JITHIN
INDUSTRIES, PATTATHANAM, KOLLAM, RESIDING AT
MANGALATH VEEDU, PERINADU P.O., - 691 602
KOLLAM MOB - 9447247720
BY ADVS.
V.RAJENDRAN (PERUMBAVOOR)
SRI.N.RAJESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031
2 THE FOOD SAFETY OFFICER
CHAVARA CIRCLE, KOLLAM DISTRICT,
CHAVARA P.O - 690 524
Crl.MC NO.7958 of 2018
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BY ADV.:
SRI.GRASHIOUS KURIAKOSE, ADGP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 07.11.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.MC NO.7958 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.MC No.7958 of 2018
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Dated this the 07th day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in CC No.2432/2015 on the file of
Judicial First Class Magistrate Court, Chavara, arising
from Crime No.1341/2014 of Chavara Police Station,
Kollam District.
2. Admittedly, the petitioner filed a Crl.MC
earlier and this Court disposed of the same as per
Annexure-A6 order. It will be better to extract the
relevant portion of Annexure-A6 order:
"Having regard to the submissions, I am of the
definite view that the factual issues cannot be
resolved in a proceedings under Section 482 Cr.P.C.
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Therefore, from the submissions at the Bar, I am of
the view that the petitioner is not entitled to get
any relief as claimed in the petition. However, it is
made clear that the petitioner can raise
appropriate contentions before the court below,
both on legal and factual issues, and in that event,
the court below shall consider the matter in
accordance with law and pass appropriate orders."
3. This Court allowed the petitioner to raise all
the legal and factual issues before the trial court.
Thereafter, the petitioner filed Annexure-A7 petition
under Section 203 Cr.P.C. The learned Magistrate
passed an order in it as evident by Annexure-A8. I am
of the prima facie opinion that, after taking cognizance
based on the complaint, an application under Section
203 Cr.P.C. is not maintainable. What is intended by
this Court in Annexure-A6 is to raise all the factual and
legal issues before the trial court at the appropriate
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stage. That liberty is reiterated.
With the above observation, this Criminal
Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
Crl.MC NO.7958 of 2018
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PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF COMPLAINT FILED BY
2ND RESPONDENT BEFORE JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHAVARA AS
C.C. 2432/15 AGAINST THE PETITIONER
ON 27.7.15 (25.7.15) AGAINST THE
PETITIONER.
ANNEXURE A2 TRUE COPY OF FIR IN CRIME NO. 1341/14
OF CHAVARA POLICE STATION DATED
5.6.14
ANNEXURE A3 TRUE COPY OF FINAL REPORT IN ANNEXURE
A1 FIR TAKEN ON FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, CHAVARA
ANNEXURE A4 TRUE COPY OF ORDER IN CRL. M.C. NO.
7048/14 DATED 6.7.15 OF THIS HON'BLE
COURT.
ANNEXURE A5 TRUE COPY OF ORDER IN C.M.P. NO.
4999/15 IN C.C. 1016/14 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, CHAVARA
DATED 21.4.16
ANNEXURE A6 TRUE COPY OF ORDER IN CRL.M.C 8970/16
DATED 1.11.17 OF THIS HON'BLE COURT.
ANNEXURE A7 TRUE COPY OF PETITION FILED BY
PETITIONER BEFORE JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHAVARA ON
18.12.17 AS C.M.P. 6351/17 IN C.C.
ANNEXURE A8 TRUE COPY OF ORDER IN C.M.P. NO.
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6351/17 IN C.C. NO. 2452/15 OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHAVARA DATED 25.10.18
ANNEXURE A9 TRUE COPY OF ORDER OF FOOD SAFETY
COMMISSIONER BEARING NO.
DE-2394/14/CFS DATED 6.6.15
ANNEXURE A10 TRUE COPY OF PETITION FILED BY THE
PETITIONER BEFORE THE ASSISTANT
PUBLIC INFORMATION OFFICER JUDICIAL
FIRST CLASS MAGISTRATE COURT, CHAVARA
DATED 28.5.18
ANNEXURE A11 TRUE COPY OF REPLY TO ANNEXURE A10
RECEIVED BY THE PETITIONER ON 12.6.18
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
