Binu vs State Of Kerala
2024 Latest Caselaw 30205 Ker

Kerala High Court

Binu vs State Of Kerala on 24 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

 CRL.MC NO. 1471 OF 2019                            2024:KER:79465
                                  1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946

                     CRL.MC NO. 1471 OF 2019

           CRIME NO.1402/2018 OF Fort Police Station,

                       Thiruvananthapuram

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.915 OF 2018

OF       JUDICIAL    MAGISTRATE       OF    FIRST      CLASS    -

II,THIRUVANANTHAPURAM

PETITIONERS:

     1      BINU
            AGED 43 YEARS
            S/O.THANKAPPAN, N.G.BHAVAN, TC 2/635(1), RLRA-1,
            MEDICAL COLLAGE JUNCTION, ULLOOR, PATTOM VILLAGE,
            THIRUVANANTHAPURAM DIST.

     2      DILEEP PRASAD,
            AGED 35 YEARS
            S/O.REGHU, BINDU SADANAM(BEENA SADANAM), NEAR NSS
            SCHOOL, KAVALAM, KUTTANAD TALUK, ALAPPUZHA
            DISTRICT.

     3      MARI SELVAM
            AGED 26 YEARS
            S/O.VELMURUKAN, DOOR NO.9/57, VEMBADI STREET,
            MANNANKOVIL VILLAGE, AMBASAMUDRAM TALUK,
            THIRUNELVELI DISTRICT, TAMIL NADU.



            BY ADV J.JAYAKUMAR
  CRL.MC NO. 1471 OF 2019                               2024:KER:79465
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RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-695031.(REPRESENTING STATION
            HOUSE OFFICER, FORT POLICE STATION,
            THIRUVANANTHAPURAM).

    2       MURUKESH
            AGED 30 YEARS
            S/O.RAJAN, ROSEDALE HOUSE, DURGA NAGAR,
            KERALADITHYA PURAM, MANNATHALA WARD,
            KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM
            DISTRICT-695043.



OTHER PRESENT:

            SRI.RENJITH.T.R, SR.PUBLIC PROSECUTOR


     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   FINAL
HEARING ON 24.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
  CRL.MC NO. 1471 OF 2019                                      2024:KER:79465
                                   3

                    P.V.KUNHIKRISHNAN, J.
        -------------------------------------------------------
                   Crl.M.C.No. 1471 of 2019
       --------------------------------------------------------
        Dated this the 24th day of October, 2024


                              ORDER

This Crl.M.C. is filed with the following prayers:

To quash the entire proceedings in

C.C.No.915/2018 on the files of Judicial First

Class Magistrate Court-II, Thiruvananthapuram,

in pursuance of Annexure A-2 Final Report:

Or in the alternative

direct the Judicial First Class Magistrate Court-II,

Thiruvananthapuram to Trial and dispose

C.C.No.915/2018 within a time frame fixed by

this Hon'ble Court. [SIC]

2. As per the e-court website, the evidence in

this case is started and summons issued to the charge

witnesses no.1 to 3. Moreover, no interim order is passed by

this court staying the Trial Court proceedings.

3. This Crl.M.C. is pending before this court

from 2019 onwards. According to me, the Crl.M.C., need not CRL.MC NO. 1471 OF 2019 2024:KER:79465

be retained here. All the contentions raised by the

petitioners are left open. Petitioners are free to agitate the

same before the Trial Court at appropriate stages.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

NM CRL.MC NO. 1471 OF 2019 2024:KER:79465

APPENDIX OF CRL.MC.NO. 1471/2019

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE FIR & FIS IN CRIME NO.1402/2018 OF FORT POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC.NO.915/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM