Kerala High Court
Rajeesh vs State Of Kerala on 8 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 4691 OF 2019 1
2024:KER:84258
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 4691 OF 2019
CRIME NO.97/2019 OF Vellarikundu Police Station, Kasargod
PETITIONER/S:
RAJEESH,
AGED 32 YEARS
S/O.RAMAKRISHNAN, PALLAPPARA P.O., KARINTHALAM, VIA
NEELESWAR, KASARGOD DISTRICT.
BY ADV C.P.PEETHAMBARAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 RADHA VIJAYAN,
W/O.VIJAYAN, MUNDATHADAM, PARAPPA P.O., KASARGOD
DISTRICT - 671 533.
BY ADVS.
PUBLIC PROSECUTOR
SRI.SURESH KUMAR KODOTH
SRI.K.P.ANTONY BINU
OTHER PRESENT:
SMT.NIMA JACOB, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4691 OF 2019 2
2024:KER:84258
P.V.KUNHIKRISHNAN, J
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Crl.M.C. No.4691 of 2019
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Dated this the 8th day of November, 2024
ORDER
This Criminal Miscellaneous case is filed with
following prayers :
"... to quash Annexure A5 FIR in Crime No. 97/2019 of
Vellarikundu Police station, Kasargode District in the
interest of justice." [sic]
2. The prayer in this case is to quash the FIR in
Crime no. 97/2019 of Vellarikundu Police Station. This Court
stayed the investigation in the above case originally.
Subsequently, the same was modified by this Court on
12.09.2024. The order dated 12.09.2024 is extracted
hereunder :
"This is a petition filed by the Prosecutor to vacate the stay
in operation, alleging that though the investigation has been
completed, the Investigating Officer is not in a position to
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file the report, because of the stay in operation.
2. Heard the learned counsel for the petitioner/Public
Prosecutor and the learned counsel appearing for the
original petitioner/respondent herein.
3. Though the 2nd respondent appeared through a lawyer,
no representation.
4. Although the learned Public Prosecutor pressed for
relief, the learned counsel for the petitioner opposed the
same on the submission that initially, the matter was settled
but thereafter, the defacto complainant retracted therefrom.
5. In order to address the grievance of the
Investigating Officer, the stay granted in this case stands
modified with liberty to the Investigating Officer to file final
report. All coercive steps, if any, during pendency of this
Crl.M.C. as against the petitioner stands deferred till
15.11.2024.
Post on 15.11.2024."
3. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
4. The learned counsel appearing for the 2 nd
respondent submitted that he relinquished the vakalath for
the 2nd respondent.
5. Admittedly, the case is at the investigation
stage. It was submitted that the final report was not able to
file because of the interim order passed by this Court. This
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Court allowed to file the final report in accordance with law,
as per the order dated 12.09.2024. The interest of the
petitioner is also protected by saying that the coercive steps
against the petitioner shall be deferred. Therefore, retaining
the order dated 12.09.2024, this Criminal Miscellaneous case
can be disposed of. But, I make it clear that if any final report
is filed and if the petitioner is aggrieved by the same, the
petitioner is free to challenge the same.
With the above observation and retaining the order
dated 12.09.2024, this Criminal Miscellaneous case is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:84258
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 29/3/2019
IN WP(C) NO.6539/2019 OF THIS HON'BLE
COURT.
ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO.84/2019
OF VELLARIKUNDU POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE FIR IN CRIME NO.87/2019
OF VELLARIKUNDU POLICE STATION.
ANNEXURE A4 TRUE COPY OF THE FIR IN CRIME NO.96/2019
OF VELLARIKUNDU POLICE STATION.
ANNEXURE A5 TRUE COPY OF THE FIR IN CRIME NO.97/2019
OF VELLARIKUNDU POLICE STATION.
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 21/6/2019
IN WP(C) NO.14946/2019 OF THIS HON'BLE
COURT.
