Kerala High Court
Riya vs State Of Kerala on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.7410 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 7410 OF 2018
CRIME NO.231/2016 OF MULAVUKAD POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.667 OF
2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,ERNAKULAM
PETITIONER/ACCUSED NO.1 AND 3:
1 RIYA
AGED 31 YEARS, W/O.ANTONY SHOBY, PONVELI
HOUSE, KONAM, RAJEEV JN, PALLURUTHY,
ERNAKULAM, PIN - 682 007.
2 JOSE
AGED 30 YEARS, S/O. GEORGE, PUTHUIAL
PUTHANVEEDU, PUNNAPRA NORTH P.O,
ALAPPUZHA, PIN-688 014
BY ADVS.
M.SASINDRAN
SHRI.SREEHARI INDUKALADHARAN
Crl.M.C. No.7410 of 2018
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RESPONDENTS/STATE, DEFACTO COMPLAINANT AND CWS 2&3:
1 STATE OF KERALA
SUB INSPECTOR OF POLICE, MULAVUKAD POLICE
STATION, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 P.V. SELVAN
AGED 38 YEARS, S/O. VELDHARAN P.R.,
PANDARAPARAMBIL HOUSE, PONJIKARA,
MULAVUKAVU P.O, ERNAKULAM-682 504
3 TEENA K. JOHN
AGED 21 YEARS, KADAYAMPARAMBIL HOUSE,
PONJIKARA, MULAVUKADU P.O, ERNAKULAM-682 504
4 MOLLY K DASAN
AGED 66 YEARS, W/O. YESUDASAN, MALIYEKKAL
HOUSE, BOLGATTI, MULAVUKADU P.O,
ERNAKULAM-682 504
BY ADV.:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 03.10.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.7410 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.7410 of 2018
----------------------------------------------
Dated this the 03rd day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in CC No.667/2016 on the file of
Judicial First Class Magistrate Court-I, Ernakulam,
arising from Crime No.231/2016 of Mulavukadu Police
Station. The offence alleged are under Sections 406
and 420 r/w 34 of IPC.
2. After hearing the learned counsel for the
petitioners in detail, I am of the considered opinion that
the petitioners can be allowed to file a discharge
petition before the trial court, if charge is not framed. If
such a discharge petition is filed, there can be a
direction to the learned Magistrate to consider the
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same, without insisting the presence of the petitioners.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
1. The petitioners are free to file a
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
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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 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.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE AI A TRUE COPY OF THE COMPLAINT LODGED BY
THE 2ND RESPONDENT AGAINST THE
PETITIONERS AND ONE ANOTHER.
ANNEXURE AII A TRUE COPY OF THE AR DATED 22.2.2016
ANNEXURE AIII A TRUE COPY OF THE ORDER DATED
23.3.2016 IN B.A. NO. 2046/2016
ANNEXURE A IV TRUE COPIES OF THE CERTIFICATE SHOWING
THE CLOSURE OF LOANS TAKEN INTHE NAME
OF MOLLY DASAN AND TEENA AND ACTUALLY
DISBURSED TO MOLLY ALOSIOUS AND JEENA.
ANNEXURE AV A TRUE COPY OF THE FINAL REPORT IN
ANNEXURE A VI A TRUE COPY OF THE STATEMENT GIVEN BY
3RD RESPONDENT DURING INVESTIGATION.
ANNEXURE A VII A TRUE COPY OF THE STATEMENT GIVEN BY
4TH RESPONDENT DURING INVESTIGATION.
ANNEXURE A VIII A TRUE COPY OF THE JUDGMENT DATED
13.11.2017 IN CRL.M.C. NO. 6963 OF
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
