Kerala High Court
Vinu C.Shekar vs The State Of Kerala on 21 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.5857 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 5857 OF 2019
CRIME NO.2623/2017 OF KUNDARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1763
OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KOLLAM
PETITIONERS/ACCUSED:
1 VINU C.SHEKAR,
AGED 43 YEARS, S/O.CHANDRASEKHARAN,
'SHIVADHAM', CHERUMOODCHERY,
PERINAD VILLAGE, KOLLAM.
2 SREEJA,
AGED 41 YEARS, W/O.VINU, 'SHIVADHAM',
CHERUMOODCHERY, PERINAD VILLAGE, KOLLAM.
BY ADVS.
V.JAYAPRADEEP
SMT.ANN SUSAN GEORGE
SMT.O.A.NURIYA
SRI.D.S.LOKANATHAN
SRI.ALAN PRIYADARSHI DEV
RESPONDENTS/COMPLAINANT:
1 THE STATE OF KERALA,
REP. BY THE STATION HOUSE OFFICER, KUNDARA
Crl.M.C. No.5857 of 2019
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POLICE, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
2 ADDL. R2. BIJI
AGED 44 YEARS,D/O VIJAYAMMA, BINDHU
BHAVAN,VELLIMON WEST,CHERUMOODU PERINADU,
KUNDARA, KOLLAM RURAL-691 501 (IMPLEADED AS
PER ORDER DATED 22.08.2019 IN CRL.MA
NO.02/2019)
BY ADVS.
SRI.RENJITH.T.R, SR.PP
SRI.DIPU.R - R2
SRI.K.S.BAIJU
SRI.S.SAMEER
SMT. DEVI KRIPA R.
SMT.DHANYA BABU
SMT.P.A.PRIYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.5857 of 2019
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.5857 of 2019
--------------------------------------------
Dated this the 21st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in CC No.1763/2018 on the
file of Judicial First Class Magistrate Court, Kollam,
arising from Crime No.2623/2017 of Kundara Police
Station. The above case is charge sheeted against
the petitioners alleging offences punishable under
Sections 447, 294(b), 341, 323, 354 r/w 34 of IPC.
2. The counsel for the petitioners submitted
that, along with the final report, a document is
produced by which it is clear that the petitioners
were attending duty on the relevant date on which
the alleged incident happened. It is also submitted
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that, in the wound certificate, the name of the
assailants are not mentioned. It is further submitted
that, there is long delay in filing the complaint. It is
further submitted that, the statement in the F.I.
Statement and the subsequent statements are
contradictory. Therefore, it is submitted that the
continuation of final report is unnecessary.
3. I am of the considered opinion that, these
are contentions to be raised before the trial court, at
the appropriate stage. If charge is not framed, the
petitioners are free to file a discharge petition. If,
such a discharge petition is filed, there can be a
direction to the learned Magistrate not to insist the
presence of the petitioners, till final orders are
passed in the discharge petition.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
1. The petitioners are free to file a
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discharge petition before the
jurisdictional court within thirty
days from the date of receipt of a
stamped certified copy of this
order, if charge is not framed.
2. Once such a discharge petition is
received, the jurisdictional court
will consider the same and pass
appropriate orders in it, after
giving an opportunity of hearing
to the petitioners and the
Prosecutor concerned, as
expeditiously as possible, at any
rate, within a period of six weeks
from the date of receipt of the
discharge petition.
3. If a discharge petition is filed as
directed above, the presence of
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the petitioners shall not be
insisted, till final orders are
passed in the discharge petition.
4. All the contentions raised by the
petitioners in this criminal
miscellaneous case are left open
and the petitioners are free to
agitate the same in the discharge
petition.
5. Registry will forward a copy of this
order to the jurisdictional court,
forthwith.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1 COPY OF THE FINAL REPORT IN
C.C.NO.1763/2018 OF JFMC-I, KOLLAM.
ANNEXURE A2 COPY OF THE ORDER OF MUNSIFF COURT,
KOLLAM, IN I.A.NO.4630/2017 IN
O.S.NO.740/2017 DATED 13/04/2018.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
