Rinitha Mol vs State Of Kerala
2024 Latest Caselaw 28883 Ker

Kerala High Court

Rinitha Mol vs State Of Kerala on 3 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

 Crl.M.C. No.7011 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. 7011 OF 2018

      CRIME NO.2251/2018 OF KAYAMKULAM POLICE STATION,

                                   ALAPPUZHA

 PETITIONERS/accused 2 to 5:

      1       RINITHA MOL,
              AGED 32 YEARS, W/O RATHEESH, CHERUKUNNATH
              HOUSE, PUTHUPPALLY, KAYAMKULAM.

      2       SANJU @ MANOJ,
              AGED 38 YEARS, S/O.NEELAMBHARAN, THRIVENI,
              GOVINDA MUTTOM, NORTH KOCHU MURI,
              PUTHUPPALLY, KAYAMKULAM.

      3       SUDHEESH RAVI RAJ,
              AGED 38 YEARS, S/O.RAVI RAJAN, NADASSERY,
              SOUTH KOCHU MURI, KRISHNAPURAM, OACHIRA.

      4       NISAR,
              AGED 38 YEARS, S/O.SULAIMAN KUTTY VAYALIL,
              PUTHUPPALLY, KAYAMKULAM.


              BY ADVS.
              R.SUNIL KUMAR
              SMT.A.SALINI LAL
 Crl.M.C. No.7011 of 2018




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RESPONDENTS/DEFACTO COMPLAINANT:

     1       STATE OF KERALA,
             REP.BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, THROUGH SUB INSPECTOR OF
             POLICE, KAYAMKULAM.

     2       SURYA RAJ,
             AGED 28 YEARS, D/O.SHYJI, MURIKKIL,
             PERUPPALLI MURI, ARATTUPUZHA,
             KAYAMKULAM, ALAPPUZHA.


             BY ADVS.
             SRI.RENJITH.T.R, SR.PP
             SRI.THOMAS ABRAHAM (NILACKAPPILLIL)- R2
             SRI.T.ANIL KUMAR




         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.7011 of 2018




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                      P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     Crl.M.C. No.7011 of 2018
               ----------------------------------------------
            Dated this the 03rd day of October, 2024



                                 ORDER

This Criminal Miscellaneous Case is filed with the

following prayers:

"to quash all further proceedings in crime

no.2251/2018 of the Kayamkulam Police Station

against the petitioners and further proceedings

thereto in the interest of justice and for the ends of

justice."

2. The main prayer in this Crl.MC is to quash the

FIR in Crime No.2251/2018 of Kayamkulam Police

Station as against the petitioners who are accused

Nos.2 to 5 in the above crime.

3. The learned Public Prosecutor submitted that

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the petitioners 2 to 4 is already removed from the array

of accused. The allegation against the 1 st petitioner is

only under Section 323 of IPC. If that be the case, this

Crl.MC need not be retained here. If final report is filed

against the 1st petitioner and if he is aggrieved by the

same, the 1st petitioner is free to challenge the same,

separately.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

                                           P.V.KUNHIKRISHNAN
nvj                                              JUDGE






                                                       2024:KER:73541




PETITIONER ANNEXURES

ANNEXURE 1:                COPY   OF  THE   FIR  NO.2251/2018     OF
                           KAYAMKULAM POLICE STATION.

ANNEXURE 2:                COPY OF THE    F.I.S   OF   THE   DE-FACTO
                           COMPLAINANT.

ANNEXURE 3:                COPY OF THE CERTIFICATE OF MARRIAGE

ISSUED FROM RANNI-PERUNADU PANCHAYATH.

ANNEXURE 4: COPY OF THE O.P.NO.643/2018.

ANNEXURE 5: COPY OF THE JUDGMENT IN OP NO.1056/2017 OF THE HONOURABLE FAMILY COURT, MAVELIKKARA.

ANNEXURE 6: COPY OF THE F.I.R.NO.2252/2018.

ANNEXURE 7: COPY OF THE I.A.NO.1846/2018 IN O.P.NO.643/2018.

ANNEXURE 8: COPY OF THE OBJECTION IN I.A.NO.1846/2018 IN O.P.NO.643/2018.

RESPONDENTS EXHIBITS : NIL


            //TRUE COPY//                         PA TO JUDGE