Citation : 2024 Latest Caselaw 33016 Ker
Judgement Date : 14 November, 2024
CRL.MC NO. 7771 OF 2019 1
2024:KER:85720
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
CRL.MC NO. 7771 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.117 OF 2016 OF
CHIEF JUDICIAL MAGISTRATE ,THRISSUR
PETITIONER/S:
1 MANGALAM PUBLICATION INDIA PVT. LTD.,
DOOR NO.IX/567, 1ST FLOOR, T.B.ROAD, KOKKALAI,
THRISSUR, PIN-680 121, REPRESENTED BY THE MANAGING
DIRECTOR.
2 SRI.SAJI VARGHESE,
AGED 1 YEARS
S/O.VARGHESE, PRINTER AND PUBLISHER, MANGALAM
PUBLICATIONS INDIA PRIVATE LIMITD, MANGALAPPALLY
HOUSE, PANAYAKAZHIPPU, KOTTAYAM-686 001.
3 SRI.RAJESH EBRAHAM, NEWS EDITOR,
AGED 1 YEARS
MANGALAM PUBLICATIONS(I) PVT.LTD., DOOR NO.IX/567,
1ST FLOOR, T.B.ROAD, KOKKALAI, THRISSUR, PIN-680
121.
BY ADV GEORGEKUTTY MATHEW
RESPONDENT/S:
1 K. RAVINDRANATHAN
AGED 54 YEARS
S/O.KOCHURAMAN, KAKKANATT HOUSE, KUTTANELLOOR DESAM,
OLLOOR VILLAGE, THRISSUR TALUK, KUTTANELLOOR P.O.,
THRISSUR DISTRICT, PIN-680 014.
CRL.MC NO. 7771 OF 2019 2
2024:KER:85720
2 YADHU D NARAYANAN,
REPORTER, MANGALAM PUBLICATION INDIA PVT.LTD., DOOR
NO.IX/567, 1ST FLOOR, T.B.ROAD, KOKKALAI, THRISSUR,
PIN-680 121.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
BY ADV SRI.PREMCHAND M.
OTHER PRESENT:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7771 OF 2019 3
2024:KER:85720
P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 7771 of 2019
--------------------------------------
Dated this the 14th day of November, 2024
ORDER
This Criminal Miscellaneous case is filed challenging
Annexure-C order by which warrant is issued against the
petitioners. This Criminal Miscellaneous case is pending before
this Court from 2019 onwards. Service to the 2 nd respondent is
not complete even now. I am of the considered opinion that this
Criminal Miscellaneous case need not be retained here. The
contentions raised by the petitioners are to be raised before
the trial court, at the appropriate stage. This Court perused
Annexure-A complaint. The contention of the petitioners is by
justification of truth, which is to be proved before the trial
court at the appropriate stage. At this stage, the counsel for
the petitioners submitted that the warrant is pending against
2024:KER:85720 the petitioners. If that is the case, the petitioners can file an
application to recall the same and the learned Magistrate will
allow the same, after imposing appropriate conditions.
With the above observation, this Criminal
Miscellaneous case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
2024:KER:85720
PETITIONER ANNEXURES
ANNEXURE A TRUE PHOTOCOPY OF COMPLAINT FILED IN CC NO.117/2016.
ANNEXURE B TRUE CERTIFIED COPY OF THE ABSENT APPLICATION FILED BY THE 1ST PETITIONER.
ANNEXURE C TRUE CERTIFIED COPY OF THE ORDER OF THE CJM COURT, THRISSUR.
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