Ajesh V. Kumar vs State Of Kerala
2024 Latest Caselaw 28944 Ker

Kerala High Court

Ajesh V. Kumar vs State Of Kerala on 3 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.7963 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. 7963 OF 2018

         CRIME NO.81/2005 OF PALLICKAL POLICE STATION,

                             THIRUVANANTHAPURAM

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.137 OF

2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, ATTINGAL




PETITIONER/A2:

             AJESH V. KUMAR
             AGED 40 YEARS, SON OF LATE VASANTHAKUMAR,
             733 KR GARDENS, KATTUPUTHUSSERY,
             KUDAVOOR VILLAGE.


             BY ADVS.
             SASTHAMANGALAM S. AJITHKUMAR
             V.S.THOSHIN




RESPONDENTS/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682 031.
 Crl.M.C. No.7963 of 2018
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     2       THE SUPERINTENDENT OF POLICE
             CB CID, SIG I, THIRUVANANTHAPURAM - 695 001.



BY ADV.:

             SRI.RENJITH.T.R, SR.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.7963 of 2018
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                      P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     Crl.M.C. No.7963 of 2018
               ----------------------------------------------
            Dated this the 03rd day of October, 2024



                            ORDER

This Criminal Miscellaneous Case is filed with

the following prayers:

"(i) Call for the records of Annexure-B, Final Report

in CC No.137/09 pending in the Hon'ble Court of

Judicial First Class Magistrate II, Attingal and quash

the same to the extent it relates to the petitioner."

2. As per the e-court service website, it is

clear that the prosecution already examined upto

PW57. If that be the case, this Court need not

interfere with the investigation. This Court on

23.11.2018, passed the following order:

"Notice taken by the learned Public

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Prosecutor. The Station House Officer concerned

will file statement of objection as regards the

allegations as against the petitioner.

The learned counsel makes a request to

exempt the petitioner from personal appearance in

the trial court. It is submitted that, the petitioner is

on bail. If he wants exemption from personal

appearance, on any specific ground, let him

approach the trial court, and let the request be

considered appropriately by the trial court."

3. In the light of the above order and also in

the light of the fact that the evidence is already

started before the trial court, I am of the considered

opinion that this Crl.MC need not be retained here.

With the above observation, this Criminal

Miscellaneous Case is closed.

Sd/-

                                             P.V.KUNHIKRISHNAN
nvj                                                JUDGE






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PETITIONER ANNEXURES

ANNEXURE A                 TRUE COPY OF THE F.I.R.CRIME NO.81/05
                           OF    PALLIKAL     POLICE    STATION,

THIRUVANANTHAPURAM DATED 24/03/2005.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.137/09 PENDING BEFORE HON'BLE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, ATTINGAL.

RESPONDENTS EXHIBITS : NIL


            //TRUE COPY//                     PA TO JUDGE