Kerala High Court
Santhamma Sreedharan vs Viswanathan on 30 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 7969 OF 2019 1
2024:KER:81384
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.MC NO. 7969 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 31.10.2019 IN CC NO.49
OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANJIRAPPALLY
PETITIONER/S:
SANTHAMMA SREEDHARAN
AGED 58 YEARS
W/O. SREEDHARAN,KEECHERIL HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT
BY ADVS.
A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENT/S:
1 VISWANATHAN
KOTTARATHU HOUSE, ELIVALIKKARA KARA, ERUMELI SOUTH
VILLAGE, KOTTAYAM DISTRICT (DIED)
2 SURESH
AGED 38 YEARS
S/O VISWANATHAN, KOTTARATHU HOUSE, ELIVALIKKARA
KARA, ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT-686
509
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3 VARKEY,
AGED 64 YEARS
KOTTARATHU HOUSE, ELIVALIKKARA KARA, ERUMELI SOUTH
VILLAGE, -686 509
4 RAVEENDRAN
AGED 55 YEARS
PLACKAL HOUSE, ELIVALIKKARA KARA, ERUMELI SOUTH
VILLAGE,-686 509
5 REJI,
AGED 45 YEARS
S/O. KUTTAPPAN, CHERUVIL HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT-686 509
6 CHACKO @ ACHANKUNJU
AREEPARAMBIL HOUSE, ELIVALIKKARA KARA, ERUMELI
SOUTH VILLAGE, -686 509
7 RAJ MOHAN,
AGED 42 YEARS
S/O. KUTTAPPAN, CHARUVIL HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
8 ANEESH KANATHIL,
AGED 32 YEARS
PLACKAL HOUSE, ELIVALIKKARA KARA, ERUMELI SOUTH
VILLAGE, -686 509
9 SUNITH SURESH
AGED 35 YEARS
W/O. SURESH, KOTTARATHU HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
0 PADMINI VISWANATHAN,
W/O. VISWANATHAN, KOTTARATHU HOUSE, ELIVALIKKARA
KARA, ERUMELI SOUTH VILLAGE, -686 509
11 AJITHA,
AGED 35 YEARS
W/O. RAJMOHAN,CHARUVIL HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
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12 LAISAMMA JOSE,
AGED 53 YEARS
W/O.JOSE, PARIYANICKAL HOUSE,ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
13 SUSAMMA VARKEY
AGED 62 YEARS
W/O. VARKEY, PARIYANICKAL HOUSE,ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
14 ANNAMMA.K.M.,
AGED 60 YEARS
VATTOMKUZHIYIL HOUSE,ELIVALIKKARA KARA, ERUMELI
SOUTH VILLAGE, -686 509
15 REJANI,
AGED 38 YEARS
W/O. REJI, CHARUVIL HOUSE, ELIVALIKKARA KARA,
ERUMELI SOUTH VILLAGE, -686 509
16 SABU V.J.,
AGED 38 YEARS
S/O. ANNAMMA, VATTOMKUZHIYIL HOUSE,ELIVALIKKARA
KARA, ERUMELI SOUTH VILLAGE, -686 509
17 JOSE,
AGED 58 YEARS
PARIYANICKAL HOUSE,ELIVALIKKARA KARA, ERUMELI SOUTH
VILLAGE, -686 509
18 STATE OF KERALA,
REPRESENTED BY S.I, OF POLICE, ERUMELI POLICE
STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM,PIN-682 031
BY ADVS.
P. M RAFEEK (PATTAM)
RADHIKA V.R.(K/677/2022)
OTHER PRESENT:
CRL.MC NO. 7969 OF 2019 4
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SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7969 OF 2019 5
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P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No. 7969 of 2019
--------------------------------------
Dated this the 30th day of October, 2024
ORDER
This Criminal Miscellaneous case is filed challenging
Annexure-A3 order passed by the Judicial First Class
Magistrate Court-II, Kanjirappally in CMP No. 9163/2019 in
CC No. 49/2018. The petitioner is the complainant in the
above case. The petitioner was not able to examine one
witness as he was at Kasaragod in relation to his work. He
was also not able to prove the wound certificate, as the
doctor was abroad and hence, he could not examine the
doctor. Therefore, he want to examine another doctor,
Manesh Kumar P.G. to prove the wound certificate. The
petitioner filed CMP No. 9163/2019 to examine those
witnesses. The learned Magistrate dismissed the same as per
Annexure-A3. Aggrieved by the same, this Criminal
Miscellaneous case is filed.
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2. Heard the learned counsel for the petitioner
and the learned counsel appearing for the party respondents.
3. This Court perused Annexure-A3 order. It is
true that there are some latches on the part of the petitioner.
But, Annexure-A3 order was passed on 31.10.2019. This
Criminal Miscellaneous case is pending before this Court for
the last 5 years. Considering the facts and circumstances of
the case, I am of the considered opinion that an opportunity
can be given to the petitioner to examine the witnesses.
Therefore, this Criminal Miscellaneous case is
allowed. Annexure- A3 order is set aside. CMP No. 9163/2019
in CC No. 49/2018 on the file of the Judicial First Class
Magistrate Court-II, Kanjirappally is allowed and the learned
Magistrate will do the needful, in accordance with law,
forthwith.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:81384
PETITIONER ANNEXURES
ANNEXURE-A1 TRUE COPY OF THE COMPLAINT, C.M.P.3770/13
DATED 7/10/2013
ANNEXURE-A2 TRUE COPY OF THE APPLICATION FILED UNDER
SECTION 311 CR.P.C DATED 31/10/2019
ANNEXURE-A3 CERTIFIED COPY OF THE ORDER IN C.M.P.
9163/19 IN C.C.49/20187 IN THE FILE OF
J.F.C.M-II,KANJIRAPPALLY
