Swaroopa Rani vs The State Of Kerala
2024 Latest Caselaw 25833 Ker

Kerala High Court

Swaroopa Rani vs The State Of Kerala on 30 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.4031 of 2018
                                         1




                                                              2024:KER:72635



           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. 4031 OF 2018
 CRIME NO.135/2008 OF FEROKE POLICE STATION, KOZHIKODE
         AGAINST CC NO.413 OF 2008 OF JUDICIAL MAGISTRATE
OF    FIRST     CLASS       -V,    KOZHIKODE        ARISING   OUT     OF   THE
ORDER/JUDGMENT             DATED    IN       CRA    NO.653    OF    2013    OF
ADDITIONAL        DISTRICT         COURT      &    SESSIONS   COURT    -    V,
KOZHIKODE / IV ADDITIONAL MACT, KOZHIKODE
PETITIONER/PROSECUTION WITNESS NO.2:
              SWAROOPA RANI
              AGED 62 YEARS, D/O.V.P.GOPALAN, RAGAM HOUSE,
              13/538, KOTTAKADAVU, NEAR TMH HOSPITAL,
              KADALUNDI VILLAGE, KOZHIKODE TALUK &
              DISTRICT-673 302.

             BY ADVS.
             SRI.K.S.HARIHARAPUTHRAN
             SMT.BHANU THILAK
             SRI.DIPU JAMES
             SRI.GEORGE MATHEW
             SRI.M.D.SASIKUMARAN
             SRI.SUNIL KUMAR A.G
             SRI.SETHURAM DHARMAPALAN


RESPONDENTS/COMPLAINANT & ACCUSED:

     1        THE STATE OF KERALA
              REPRESENTED BY SUB INSPECTOR OF POLICE,
              FEROKE POLICE STATION, FEROKE, THROUGH PUBLIC
              PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM-682031.
 Crl.M.C. No.4031 of 2018
                                   2




                                                       2024:KER:72635


     2       RAJAGOPALAN
             AGED 39 YEARS, S/O.PARANGODAN, KAMBILIYIL
             HOUSE, CHELEMBRA POST & VILLAGE, THIRURANGADI
             TALUK, MALAPPURAM DISTRICT-673634.

             BY ADV.
             SRI.RENJITH T.R., SENIOR PP



         THIS   CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.4031 of 2018
                                3




                                               2024:KER:72635



                  P.V.KUNHIKRISHNAN, J.
                --------------------------------
                 Crl.M.C. No.4031 of 2018
         ----------------------------------------------
        Dated this the 30th day of September, 2024


                             ORDER

This Criminal Miscellaneous Case is filed

challenging Annexure A3 order. Annexure A3 is an

order under Section 452 Cr.P.C. The petitioner has a

right of appeal against the same under Section 454

Cr.P.C. Therefore, this Crl.M.C. need not be retained

here.

2. The counsel appearing for the petitioner

submitted that the petitioner may be allowed to file an

appeal in accordance with law and the time during

which this Crl.M.C is pending before this Court may be

excluded while calculating the limitation period. I think

that prayer can be allowed.

Therefore, this Criminal Miscellaneous Case is

2024:KER:72635

disposed of granting liberty to the petitioner to

challenge Annexure A3 in accordance with law. If any

appeal is filed against Annexure A3, the time during

which this Crl.M.C. is pending before this Court will be

excluded while calculating the limitation period.

Sd/-

                                          P.V.KUNHIKRISHNAN
DM                                              JUDGE






                                                   2024:KER:72635



PETITIONER ANNEXURES

ANNEXURE A1                TRUE COPY OF JUDGMENT DTD. 05-12-2013

IN C.C.NO.413 OF 2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE.

ANNEXURE A2 TRUE COPY OF JUDGMENT DTD.11-03-2015 IN CRL.APPEAL NO.653 OF 2013 OF THE V ADDL. SESSIONS COURT, KOZHIKODE DIVISION.

ANNEXURE A3 TRUE COPY OF ORDER DTD.23-04-2016 IN C.M.P.NO.1620 IN C.C.NO.413 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE.

RESPONDENTS EXHIBITS : NIL
            //TRUE COPY//                     PA TO JUDGE