Biju Joseph vs The Sub Inspector Of Police
2024 Latest Caselaw 29798 Ker

Kerala High Court

Biju Joseph vs The Sub Inspector Of Police on 22 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.8583 of 2018
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                                                          2024:KER:78451

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                           CRL.MC NO. 8583 OF 2018

       CRIME NO.41/2012 OF KODENCHERY POLICE STATION,

                                  KOZHIKODE

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.593 OF

2018     OF   JUDICIAL        MAGISTRATE     OF   FIRST   CLASS   -   II,

THAMARASSERY

PETITIONER/ACCUSED NO.1:

              BIJU JOSEPH
              AGED 34 YEARS, S/O JOSEPH, MATTATHIL HOUSE,
              NELLIPOYIL, MUNDUR.P.O, KOZHIKODE DISTRICT.


              BY ADV SUNNY MATHEW


RESPONDENTS/COMPLAINANTS:

     1        THE SUB INSPECTOR OF POLICE
              KODANCHERY POLICE STATION,
              KOZHIKODE DISTRICT - 673 001

     2        JOSEPH CHERIYAN
              AGED 74 YEARS, S/.O CHERIYAN,
              MATTATHIL HOUSE, NELLIPOYIL, MUNDUR.P.O,
              KOZHIKODE DISTRICT - 673 001
 Crl.M.C. No.8583 of 2018
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                                                        2024:KER:78451

     3       STATE OF KERALA
             (REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
             COURT OF KERALA,ERNAKULAM - 682 031).



BY ADV.:

             SRI.RENJITH.T.R, SR.PP

         THIS    CRIMINAL   MISC.       CASE   HAVING   BEEN   FINALLY
HEARD ON 22.10.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No.8583 of 2018
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                      P.V.KUNHIKRISHNAN, J.
                  ----------------------------------------
                     Crl.M.C. No.8583 of 2018
                 -----------------------------------------
             Dated this the 22nd day of October, 2024



                              ORDER

This Criminal Miscellaneous Case is filed to

quash the proceedings in CC No.593/2018 on the

file of Judicial First Class Magistrate Court-II,

Thamarasserry.

2. The service to the 2nd respondent is not

complete even now.

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

evidence in the case is already started before the

trial court and two witnesses were already

examined. In such circumstances, I am of the

considered opinion that this Crl.MC need not be

2024:KER:78451

retained here. All the contentions raised by the

petitioners in this Crl.MC are left open and the

petitioners are 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






                                                    2024:KER:78451





PETITIONER ANNEXURES

ANNEXURE A1                A TRUE COPY OF THE FINAL REPORT IN

C.C.593/2018 ON THE FILE OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS II,THAMARASSERY.

ANNEXURE A2 A TRUE COPY OF THE ORDER DATED 10.11.2018 IN I.A.2680/2018 IN R.F.A.685/2016.

RESPONDENTS EXHIBITS             :       NIL


            //TRUE COPY//                      PA TO JUDGE