Citation : 2024 Latest Caselaw 29422 Ker
Judgement Date : 17 October, 2024
2024:KER:77289
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 983 OF 2023
IN THE MATTER OF CRIME NO.3/2019 OF PUTHENVELIKKARA POLICE
STATION, ERNAKULAM, PENDING AS CP NO.12 OF 2019 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT- III, NORTH PARAVUR
PETITIONERS/ACCUSED NOS.6, 7 AND 11:
1 K.P. SASIKALA
AGED 58 YEARS
W/O. VIJAYAKUMAR, RESIDING AT GOKULAM, MARUTHUR P.O,
PATTAMBI, PALAKKAD DISTRICT, PIN - 679306
2 S.J.R KUMAR
AGED 65 YEARS
S/O LATE K. SRIDHARAN PILLAI, RESIDING AT PARK VILLAI,
K.V-62, PANAMPILLI NAGAR, COCHIN, PIN - 682036
3 R.V. BABU
AGED 54 YEARS
S/O VISWANATHAN, RESIDING AT NALINAM, MOOKAMBIKA ROAD,
NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513
BY ADVS.
SAJITH KUMAR V.
J.VISHNU
VIVEK A.V.
GODWIN JOSEPH
PRANAV PRADEEP
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
(THROUGH THE SUB-INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE
STATION), ERNAKULAM DISTRICT, PIN - 682031
2024:KER:77289
Crl.M.C. No.983 of 2023
2
2 DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF)
POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DEPARTMENT OF HOME AFFAIRS
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 RAVI
AGED 65 YEARS
S/O JAYADEVAN, RESIDING AT KIZHAKKINILUPURAYIL HOUSE,
PUTHENVELIKKARA KARA, PUTHENVELIKKARA VILLAGE, ERNAKULAM
DISTRICT, PIN - 683594
BY ADVS.
SRI.A.RAJESH, SPECIAL PUBLIC PROSECUTOR (VIGILANCE)
SMT.REKHA S., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:77289
Crl.M.C. No.983 of 2023
3
C. JAYACHANDRAN, J.
------------------------------------
Crl.M.C. No.983 of 2023
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Dated this the 17th day of October, 2024
ORDER
When this matter was taken up for consideration
today, learned counsel for the petitioners would submit
that, pursuant to further investigation, a final report
dated 10.08.2021 has been filed before the jurisdictional
court, with a finding that accused nos. 6 to 18 are not
involved in the crime and that, they have been deleted
from the array of accused. Therefore, there is no
necessity to proceed with the instant Criminal
Miscellaneous Case, provided the jurisdictional Magistrate
takes appropriate action based on the said final report, is
the submission made.
In the circumstances, this Criminal Miscellaneous
Case is disposed of with a direction to the jurisdictional
Magistrate to take appropriate action in terms of the final 2024:KER:77289
report dated 10.08.2021 (produced herein as
Annexure - L), within a period of of two months from the
date of receipt of a copy of this judgment. There will be a
further direction that until an action as aforesaid is taken,
there shall not be any coercive steps as against the
petitioners herein.
Sd/-
C. JAYACHANDRAN
JUDGE SKP/17-10 2024:KER:77289
PETITIONERS' ANNEXURES:
ANNEXURE-A CERTIFIED COPY OF THE FIR IN CRIME NO. 3/2019 DATED 03.01.2019 OF PUTHENVELIKKARA POLICE STATION AND
ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT DATED 18.03.2019 IN CRIME NO. 3/2019 OF PUTHENVELIKKARA POLICE STATION, PENDING AS C.P. NO. 12/2019 BEFORE THE HON'BLE FIRST CLASS JUDICIAL MAGISTRATE COURT - III, NORTH PARAVUR.
ANNEXURE-C A TRUE COPY OF THE ORDER NO. U4-4368/2019/ PHQ DATED 05.03.2019 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE-D A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 02.12.2019.
ANNEXURE-E A TRUE COPY OF THE G.O. (CRI.) NO. 70/2021/HOME DATED 26.02.2021 ISSUED BY THE 3RD RESPONDENT
ANNEXURE-F A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 32502 OF 2017 DATED 10.02.2020 BY THE HON'BLE DIVISION BENCH OF THE HIGH COURT OF KERALA
ANNEXURE G A TRUE COPY OF THE ORDER DATED 10.03.2022 IN CRL. MC NO. 3601/2021 OF THIS HON'BLE COURT.
ANNEXURE-H A TRUE COPY OF THE ORDER DATED 03.06.2022 IN CRL. M.C. NO. 1286/2022 OF THIS HON'BLE COURT
ANNEXURE-I A TRUE COPY OF THE ORDER DATED 11.05.2021 IN CRL. MC NO. 2398/2021 OF THIS HON'BLE COURT
ANNEXURE-J A TRUE COPY OF THE ORDER DATED 01.12.2021 IN CRL. MC NO. 5042/2021 OF THIS HON'BLE COURT.
ANNEXURE-K A TRUE COPY OF THE ORDER DATED 18.02.2022 IN CRL. M.C. NO. 1173/2022 OF THIS HON'BLE COURT
ANNEXURE L CERTIFIED COPY OF THE FINAL REPORT DATED 10.07.2021 SUBMITTED BEFORE THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT –
2024:KER:77289
III, NORTH PARAVUR
RESPONDENTS' EXHIBITS:NIL TRUE COPY
P.A. TO JUDGE
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