Chinmayan vs State Of Kerala
2024 Latest Caselaw 29641 Ker

Kerala High Court

Chinmayan vs State Of Kerala on 17 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

 Crl.M.C. No.6838 of 2018
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                                                      2024:KER:77239

            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. 6838 OF 2018

      CRIME NO.1311/2015 OF PUTHENCRUZ POLICE STATION,

                                   ERNAKULAM

          AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1063 OF

 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOLENCHERRY

 PETITIONER/ACCUSED:

              CHINMAYAN,
              AGED 49 YEARS, S/O SREEDHARAN, PURAKKELIL
              HOUSE, MARADU, NETTOOR P.O., KOCHI- 682 004.


              BY ADVS.
              A.T.ANILKUMAR
              SMT.V.SHYLAJA




 RESPONDENTS/DEFACTO COMPLAINANT & STATE:

      1       STATE OF KERALA,
              REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM- 682 031.

      2       S.I. OF POLICE,
              PUTHENCRUZE POLICE STATION, PIN-682 308.
 Crl.M.C. No.6838 of 2018
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     3       KAMALAMMA RAJI,
             AGED 52 YEARS, D/O.KUTTAPPAN, MAMANATH HOUSE,
             CHAKKUVALLAMKARA, IDUKKI-685 602.



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.6838 of 2018
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                                                  2024:KER:77239


                     P.V.KUNHIKRISHNAN, J.
                 ----------------------------------------
                    Crl.M.C. No.6838 of 2018
                -----------------------------------------
            Dated this the 17th day of October, 2024



                           ORDER

This Criminal Miscellaneous Case is filed to quash

the proceedings in CC No. 1063/2016 on the file of

Judicial First Class Magistrate Court, Kolencherry, arising

from Crime No.1311/2015 of Puthencruz Police Station.

The offence alleged are under Section 294(b), 506(II) of

IPC.

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

evidence in this case is already started and summons is

issued to Charge Witness No.1. If that be the case, I am

of the considered opinion that this Crl.MC need not be

retained here. The contention raised by the petitioner

in this Crl.MC can be raised before the trial court at the

2024:KER:77239

appropriate stage.

With the above observation, this Criminal

Miscellaneous Case is disposed of. 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.

Sd/-

                                           P.V.KUNHIKRISHNAN
nvj                                              JUDGE






                                                    2024:KER:77239




PETITIONER ANNEXURES

ANNEXURE A:                THE TRUE COPY OF THE FIR.

ANNEXURE B:                TRUE COPY OF THE CHARGE IN CRIME

NO.1311/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY.

ANNEXURE C: TRUE COPY OF THE PLAINT IN OS NO.1458/2014.

ANNEXURE D: TRUE COPY OF THE PLAINT IN OS NO.535/2014.

ANNEXURE E: TRUE COPY OF THE ORDER IN IA NO.3826/2015 IN IA NO.8567/2014 DATED 12.03.2015.

ANNEXURE F: TRUE COPY OF THE COMPLAINT BEFORE THE POLICE COMPLAINT AUTHORITY.

ANNEXURE G: TRUE COPY OF THE REFER REPORT IN CRIME NO.1324/2015 OF PUTHENCRUZ POLICE STATION.

RESPONDENTS EXHIBITS : NIL


            //TRUE COPY//                     PA TO JUDGE