Rajeev.P.B vs State Of Kerala
2024 Latest Caselaw 29638 Ker

Kerala High Court

Rajeev.P.B vs State Of Kerala on 17 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.6758 of 2018
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                                                     2024:KER:77284

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                           CRL.MC NO. 6758 OF 2018

 CRIME NO.10376/2018 OF PATHANAMTHITTA POLICE STATION,

                               PATHANAMTHITTA

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.15 OF

2018 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA

PETITIONER/ACCUSED:

             RAJEEV.P.B
             AGED 46 YEARS, S/O BHASKARAN, AYODHYA,
             MODIPADI, MELEVETTIPURAM, PATHANAMTHITTA.


             BY ADV ARUN BABU


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA, ERNAKULAM, PIN -682 031.

     2       SUB INSPECTOR OF POLICE,
             PATHANAMTHITTA POLICE STATION,PATHANMTHTTA.

     3       BIJU MATHEW,
             C.P.O 2514,SHADOW POLICE,POLICE HEAD QUARTERS
             UNIT,PATHANAMTHITTA DISTRICT,KERALA.
 Crl.M.C. No.6758 of 2018
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                                                        2024:KER:77284



BY ADV.:

             SRI.SANGEETHARAJ.N.R, PP

       THIS      CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.6758 of 2018
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                                                  2024:KER:77284


                     P.V.KUNHIKRISHNAN, J.
                 ----------------------------------------
                    Crl.M.C. No.6758 of 2018
                -----------------------------------------
            Dated this the 17th day of October, 2024




                           ORDER

This Criminal Miscellaneous Case is filed to

quash the proceedings in CC No. 15/2018 on the file

of Chief Judicial Magistrate Court, Pathanamthitta,

arising from Crime No.4017/2017 of Pathanamthitta

Police Station.

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

prosecution evidence is over and the accused is

already questioned under Section 313 of Cr.P.C.

Thereafter, a petition is filed to recall one of the

witness and that is also allowed and the case is

2024:KER:77284

posted for examining that witness. In such

circumstances, this Court need not interfere with

the prosecution proceedings. All the contentions

raised by the petitioner in this Crl.MC are left open

and the petitioner is free to agitate the same before

the trial court, at the appropriate stage.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

                                        P.V.KUNHIKRISHNAN
nvj                                           JUDGE






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PETITIONER ANNEXURES

ANNEXURE A1                THE TRUE COPY OF THE FIR IN CRIME NO

4017 OF 2017 DATED 13.12.2017 OF THE PATHANAMTHITTA POLICE STATION.

ANNEXURE A2 THE TRUE COPY OF THE CHARGE SHEET DATED IN CRIME NO 4017 OF 2017 DATED 26.12.2017 OF PATHANAMTHITTA POLICE STATION.

RESPONDENTS EXHIBITS : NIL


            //TRUE COPY//                    PA TO JUDGE