Siby Mathews vs K.K.Joshwa
2024 Latest Caselaw 29229 Ker

Kerala High Court

Siby Mathews vs K.K.Joshwa on 10 October, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                       &
                       THE HONOURABLE MR. JUSTICE S.MANU
         Thursday, the 10th day of October 2024 / 18th Aswina, 1946
                             WA NO. 841 OF 2024
    AGAINST JUDGMENT DATED 06/06/2024 IN WP(Crl.) 575/2023 OF THIS COURT
APPELLANT(S)/4TH RESPONDENT:

     SIBY MATHEWS , AGED 71 YEARS ,
     S/O.JOSEPHMATHEW,TC.14/229,SILVERHILLS,ANAYARA.P.O,THIRUVANANTHAPURA
     M **ADDL.R4.IMPLEADED AS PER ORDER DATED 04/06/2023 IN IA 1/23**,
     PIN - 695029

BY ADV.M.BAIJU NOEL

RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 TO 3:

  1. K.K.JOSHWA, AGED 71 YEARS, S/O KUNJUMMEN, KALEEKKAL, SNRA 81, SURYA
     NAGAR, POWDIKONAM P.O., THIRUVANANTHAPURAM, PIN - 695588

AND 3 OTHERS

BY ADV.NANDAGOPAL.S.KURUP FOR R1

SENIOR GOVERNMENT PLEADER FOR R2 TO R4.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 06-06-2024 in W.P.(Crl).No.575
of 2023 in the interest of justice.
     This Writ Appeal again coming on for orders on 10/10/2024,upon
perusing the appeal memorandum and this court's order dated 04/09/2024,
the court on the same day passed the following:
                            Nitin Jamdar, C.J. & S. Manu, J.
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                                 W.A.No.841 of 2024
                            =-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Dated this the 10th day of October, 2024

                                              ORDER

Nitin Jamdar, C.J.

Heard Sri.M.Baiju Noel, learned counsel for the Appellant and Sri.Nandagopal S.Kurup, learned counsel for the Respondents.

2. Learned counsel for Respondent No.1, the Original Petitioner states that pursuant to the judgment delivered by the learned Single Judge dated 6 June 2024 in WP(Crl) No.575 of 2023, FIR has already been registered and the Appellant has moved the learned Single Judge for quashing the said FIR.

3. We have perused the order dated 21 June 2024 staying the observations made by the learned Single Judge. The underlying reason for issuing this direction is that the investigation should proceed, uninfluenced by the observations made by the learned Single Judge in the impugned Judgment. The Appeal could have been disposed of with this clarification, however, since time is sought on behalf of the learned counsel for the Appellant, post after a week.

4. Post on 17 October 2024. sd/-

Nitin Jamdar Chief Justice sd/-

S. Manu Judge Nsd

10-10-2024 /True Copy/ Assistant Registrar