Kerala High Court
Rajeev.V.Nair vs State Of Kerala on 8 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 4455 OF 2019 1
2024:KER:84247
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. 4455 OF 2019
CRIME NO.261/2016 OF Town North Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.12 OF 2017 OF
CHIEF JUDICIAL MAGISTRATE PALAKKAD
PETITIONER/S:
1 RAJEEV.V.NAIR
AGED 42 YEARS
S/O. VIJAYA RAGHAVAN, FLAT NO. 201, PARAMBIL
RESIDENCY, 5TH FLOOR, VRINDAVAN ESTATE, VIGNAM
NAGAR, MARATHALLI POST, BANGALORE 560 037
2 SARITHA NAIR,
AGED 36 YEARS
W/O. RAJEEV V. NAIR, FLAT NO. 201, PARAMBIL
RESIDENCY, 5TH FLOOR, VRINDAVAN ESTATE, VIGNAM
NAGAR, MARATHALLI POST, BANGALORE 560 037
3 VIJAYARAGHAVAN,
AGED 73 YEARS
(RETIRED COL.), FLAT NO. 201, PARAMBIL RESIDENCY,
5TH FLOOR, VRINDAVAN ESTATE, VIGNAM NAGAR,
MARATHALLI POST, BANGALORE 560 037
4 SUDHEENDRAN (SUDHEER NAIR),
AGED 47 YEARS
S/O. P.K NAMBIAR, 5TH FLOOR, VRINDAVAN ESTATE,
VIGNAM NAGAR, MARATHALLI POST, BANGALORE 560 037
BY ADVS.
P.MAMATHA
CRL.MC NO. 4455 OF 2019 2
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P.DHANYA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE, PALGHAT
TOWN NORTH POLICE STATION, PALGHAT, THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN
682 031
2 SHINO PHILIP,
AGED 39 YEARS
RESIDING AT PADAPURACKAL HOUSE, KADUTHURUTHY P.O,
VAIKOM, KOTTAYAM, KERALA INDIA
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. 4455 OF 2019 3
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P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 4455 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-A3 in Crime No.261/2016 of
Palaghat Town North Police Station in CC No. 12/17 before
the CJM, Palaghat and to stay all further proceeding." [sic]
2. As per e-court service website, the
prosecution evidence in the case is already over and the case
is posted for examination of the accused under Sec. 313
Cr.P.C. There was no interim order passed by this Court
staying the proceedings of the trial court. In such
circumstances, this Court need not interfere with the
prosecution proceedings at this stage. The petitioners are
free to raise all the contentions before the trial court, at the
2024:KER:84247
appropriate stage.
With the above observation, this Criminal
Miscellaneous case is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:84247
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
261/2016 OF PALAKKAD TOWN NORTH POLICE
STATION IN C.C NO. 12/2017 BEFORE THE
CHIEF JUDICIAL MAGISTRATE, PALAKKAD
ANNEXURE A2 CERTIFIED COPY OF THE REMAND REPORT IN
CRIME NO. 261/2016 OF PALAKKAD TOWN NORTH
POLICE STATION IN C.C NO. 12/2017 BEFORE
THE CHIEF JUDICIAL MAGISTRATE, PALAKKAD.
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT/CHARGE
SHEET IN CRIME NO. 261/2016 OF PALAKKAD
TOWN NORTH POLICE STATION IN C.C NO.
12/2017 BEFORE THE CHIEF JUDICIAL
MAGISTRATE, PALAKKAD
ANNEXURE A4 TRUE PHOTOCOPY OF THE AGREEMENT BETWEEN
THE PETITIONER AND THE 2ND RESPONDENT AND
HIS ACCOMPLICE DATED 17-02-2014.
