Kerala High Court
V.M. Khalid vs State Of Kerala on 30 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 2891 OF 2018 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
CRL.MC NO. 2891 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2113 OF 2014
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA
PETITIONER/S:
1 V.M. KHALID
S/O.MOIDEENKUTTY, HOUSE NO.C.C.1/1077
A,VALLIKULANGARA HOUSE,KUNNUMPURAM, KOCHI - 682
001.
2 AMINA KHALID WRONGLY SHOWN AS RAZIYA KHALID IN THE
COMPLAINT
HOUSE NO.C.C.1/1077 A, VALLIKULANGARA
HOUSE,KUNNUMPURAM, KOCHI - 682 001.
3 V.M.AYSHEEVI
D/O.MOIDEENKUTTY,HOUSE NO.6/709, MATTANCHERRY BAZAR
ROAD,KOCHI - 682 002.
4 NAISON
S/O.K.I.NAZAR, PULIKAL HOUSE,COMBARA, NOCHIMA,
ALUVA.
5 V.M.SAKEENA
W/O.K.I.NAZAR, PULIKAL HOUSE,COMBARA, NOCHIMA,
ALUVA.
6 V.M.RIYAS
S/O.MOIDEENKUTTY,HOUSE NO.1/1511, PATTALAM,FORT
KOCHI - 682 001.
7 V.M.SULEKHA
D/O.MOIDEENKUTTY,THARAMMAL HOUSE,
CRL.MC NO. 2891 OF 2018 2
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MALICKKAPADY,EDATHALA P.O., POOKATTUPADY,ERNAKULAM
DISTRICT.
8 V.M.USMAN
S/O.MOIDEENKUTTY,HOUSE NO.1/1521, SOUTH
THAMARAPARAMBU,FORT KOCHI - 682 001.
9 V.M.ABDU
S/O.MOIDEENKUTTY,VALLIKULANGARA HOUSE,CHERTHALA -
688 524.
BY ADVS.
SRI.PHILIP T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SRI.THOMAS T.VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM - 682 031.
2 K.I.NAZAR
S/O.IBRAHIM, KARIYIL HOUSE, WARD NO.X, VALAMANGALAM
BHAGOM,THURVAOOR, CHERTHALA - 688 524.
BY ADVS.
SMT.P.DEEPA MOHAN, SR.RENJITH TR, SR.PP
SRI.C.P.SAJI,R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2891 OF 2018 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No. 2891 of 2018
--------------------------------------
Dated this the 30th day of September, 2024
ORDER
This Criminal Miscellaneous case is filed to quash
the proceedings in CC No. 2113/2014 on the file of the
Judicial First Class Magistrate Court-I, Cherthala. It is a
private complaint filed by the 2nd respondent. The offences
alleged are under Secs. 143, 147, 323, 354, 341, 427, 452
and 506 (ii) r/w 149 IPC.
2. According to the petitioners, this is a
frivolous private complaint filed by the 2 nd respondent against
the petitioners. According to the petitioners, earlier another
complaint was filed, as evident by Annexure-A2 and because
the complainant was continuously absent, the accused was
discharged under Sec. 245 Cr.P.C. as evident by Annexure-
A3. It is also submitted that, a letter was sent by the 2 nd
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respondent to the petitioners stating that the petitioners will
be implicated as accused. Subsequently, the present private
complaint is filed. According to the petitioners, even without
approaching the police, private complaint is filed and the
learned Magistrate taken cognizance based on the complaint.
According to the petitioners, the continuation of the private
complaint is an abuse of process of court. Hence, this
Criminal Miscellaneous case is filed.
3. Heard the learned counsel for the petitioners
and the learned counsel appearing for the 2nd respondent.
4. The counsel for the petitioners reiterated the
contentions raised in this Crl.M.C. The counsel for the 2 nd
respondent submitted that there are averments in the private
complaint to attract the offence and this Court may not
interfere with the prosecution proceedings, invoking the
powers under Sec. 482 Cr.P.C.
5. After hearing both sides, I am of the
considered opinion that the petitioners can be allowed to
raises all these contentions before the trial court at the
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appropriate stage, by filing a discharge petition. The
presence of the petitioners can be dispensed with, if an
application is filed to that effect. If any warrant is pending,
the learned Magistrate will recall the same.
Therefore, this Crl.M.C. is disposed of with the
following directions :
1) All the contentions raised by the petitioners are left
open and the petitioners are free to agitate the same
before the trial court, at the appropriate stage by filing
a discharge petition, if the charge is not framed.
2) The petitioners are free to file a petition to dispense the
personal appearance before the trial court within thirty
days and if such an application is filed, the learned
Magistrate will allow the same, on condition that the
petitioners will appear on posting days, on which their
presence is inevitable.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER OF THE JUDICIAL
FIRST CLASS MAGSITRATE'S COURT NO.II,
KOCHI IN CMP NO.3597/2014 IN CMP
NO.2433/2009 DATED 05/11/2014.
ANNEXURE A2 TRUE COPY OF THE COMPLAINT TAKEN ON FILE
AS C.C.NO.2908/2013 BY THE JUDICIAL FIRST
CLASS MAGSITRATE'S COURT NO.II, KOCHI
DATED NIL.
ANNEXURE A3 TRUE COPY OF THE ORDER PASSED BY JUDICIAL
FIRST CLASS MAGSITRATE'S COURT NO.II,
KOCHI IN C.C.NO.2908/2013 DATED
24/11/2016.
ANNEXURE A4 TRUE COPY OF LETTER SENT BY THE 2ND
RESPONDENT TO THE PETITIONERS 1 AND 8
DATED NIL.
ANNEXURE A4(A) TRUE TYPED COPY OF ANNEXURE A4 LETTER
DATED NIL.
ANNEXURE A5 TRUE COPY OF THE COMPLAINT FILED AS
C.C.NO.2113/2014 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHERTHALA DATED
NIL.
