Kerala High Court
Shaji M vs The State Of Kerala on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.4827 of 2018
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2024:KER:73332
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. 4827 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3989 OF
2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
IRINJALAKUDA
PETITIONER/SOLE ACCUSED:
SHAJI M
AGED 49, S/O. MADATHIL SANKUNNI NIAR,ALAGAPPA
NAGAR DESO, AMBALLUR VILLAGE,MUKUNDAPURAM
TALUK, THRISSUR-680302.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS/STATE OF KERALA:
THE STATE OF KERALA
REP. BY THE CRIME BRANCH, CID HEADQUARTERS
POLICE STATION, THIRUVANANTHAPURAM THROUGH
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
BY ADV.
SRI.RENJITH T.R., SENIOR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.4827 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.4827 of 2018
----------------------------------------------
Dated this the 03rd day of October, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in C.C. No.3989/2015 on the file of the
Judicial First Class Magistrate Court, Irinjalakuda.
Annexure - III is the final report. The offences alleged
against the petitioner are under Sections 468, 471 and
420 IPC.
2. After arguing for some time, the counsel
appearing for the petitioner submitted that the
petitioner may be allowed to file a discharge petition
before the trial court and the petitioner may be
exempted from personal appearnce till final orders are
passed in the discharge petition.
3. After hearing the counsel appearing for the
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petitioner and the Public Prosecutor, I think the above
prayer can be allowed.
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner:
1. The petitioner is 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
petitioner 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
petitioner shall not be insisted, till
final orders are passed in the
discharge petition.
4. All the contentions raised by the
petitioner in this criminal
miscellaneous case are left open and
the petitioner is free to agitate the
same in the discharge petition.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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PETITIONER ANNEXURES
ANNEXURE A1. A TRUE COPY OF THE FIR IN CRIME NO.
270/CR/OCW-1/TVM DATED 20-07-2011 OF
THE THIRUVANANTHAPURAM CBCID
HEADQUARTERS POLICE STATION.
ANNEXURE II A TRUE COPY OF THE SEIZURE MAHASSOR
PREPARED AT THE INSTANCE OF THE
INVESTIGATION OFFICER DATED 10-12-
2013.
ANNEXURE III A TRUE COPY OF THE FINAL REPORT
BEARING NO. 36 OF 2015 DATED 6-7-2015
ON THE FILES OF THE JFCM,
IRINJALAKUDA AND PENDING AS CC NO.
3989 OF 2015 DATED 18-11-2015.
ANNEXURE IV A TRUE COPY OF THE REQUEST OF THE
PETITIONER BEFORE THE HOME DEPARTMENT
DATED 23-3-2017.
ANNEXURE V A TRUE COPY OF THE ACKNOWLEDGMENT
RECEIVED BY THE PETITIONER DATED 13-
6-2017.
ANNEXURE VI A TRUE COPY OF THE FURTHER
COMMUNICATION RECEIVED BY THE
PETITIONER DATED 20-02-2018.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
