M.Krishnakumar vs State Of Kerala
2024 Latest Caselaw 30478 Ker

Kerala High Court

M.Krishnakumar vs State Of Kerala on 25 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 1859 OF 2019                1



                                                    2024:KER:79704
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                          CRL.MC NO. 1859 OF 2019

CRIME NO.90/2009 OF Hill Palace Police Station, Ernakulam

           AGAINST THE ORDER/JUDGMENT DATED IN CC NO.736 OF

2015        OF     JUDICIAL    FIRST   CLASS   MAGISTRATE     COURT,

TRIPUNITHURA

PETITIONER/S:

                 M.KRISHNAKUMAR
                 AGED 46 YEARS
                 S/O.GOVINDN NAIR, MEPPATTU PUTHIYAKAVU,
                 MALAPPPURAM DISTRICT.


                 BY ADV JOMON P.VARGHESE


RESPONDENT/S:

       1         STATE OF KERALA
                 REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-
                 682018.

       2         BABU.N.K.
                 AGED 69 YEARS
                 S/O.GOPALAN, VALIYAPARAMBIL HOUSE, KALOOR,
                 KOCHI-682017.

       3         BAIJU,
                 AGED 4 YEARS
                 S/O.VASUDEVAN, KOTTAKKUZHIYIL HOUSE,
 CRL.MC NO. 1859 OF 2019                      2



                                                           2024:KER:79704
              ELMBULASSERRY, KARIMPUZHA VILLAGE,
              KARAKKURRISSY-678595.



OTHER PRESENT:

              SRI.RENJITH.T.R, SR.PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   25.10.2024,          THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 1859 OF 2019               3



                                                       2024:KER:79704



                  P.V.KUNHIKRISHNAN, J
               --------------------------------------
                 Crl.M.C. No. 1859 of 2019
                --------------------------------------
          Dated this the 25th day of October, 2024



                              ORDER

This Criminal Miscellaneous case is filed to quash

the proceedings in CC No. 736/2015 pending before the

Judicial First Class Magistrate Court, Thripunithura.

There is no interim order passed by this Court, staying the

trial court proceedings. Now, the evidence in the case is

already started. Moreover, the service to the 2 nd

respondent is also not complete. In such circumstances, I

am of the considered opinion that this Criminal

Miscellaneous case need not be retained here. All the

contentions raised by the petitioner are left open and the

petitioner is free to agitate the same before the trial court,

at the appropriate stage.

2024:KER:79704 With the above observation, this Criminal

Miscellaneous case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:79704

PETITIONER ANNEXURES

ANNEXURE 1 TRUE PHOTOCOPY OF THE FIR NO.90/2009 OF THRIPUNITHURA HILL PALACE POLICE STATION.

ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CC 736/2015 OF THE JFCM-I COURT, THRIPUNITHURA.