Besty George vs State Of Kerala
2024 Latest Caselaw 25892 Ker

Kerala High Court

Besty George vs State Of Kerala on 30 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.M.C. No.2621 of 2018
                                        1




                                                            2024:KER:72626

           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. 2621 OF 2018
      CRIME NO.110/2014 OF ELAMAKKARA POLICE STATION,
                                  ERNAKULAM
         AGAINST THE ORDER/JUDGMENT DATED IN MP NO.1706 OF
2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA
PETITIONER/ACCUSED:

             BESTY GEORGE
             S/O.GEORGE, AGED 43 YEARS, THAYAMKERI HOUSE,
             EDAPPALLY, ERNAKULAM.

             BY ADVS.
             C.S.MANILAL
             S.NIDHEESH
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

     1       THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA, ERNAKULAM-682031.

     2       SINDHU BINU
             AGED 36 YEARS
             W/O.BINU, AGED 36 YEARS, THAYANKERI HOUSE,
             EDAPPALLY, ERNAKULAM - 682 031.

             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.2621 of 2018
                                   2




                                                2024:KER:72626


                  P.V.KUNHIKRISHNAN, J.
                --------------------------------
                 Crl.M.C. No.2621 of 2018
         ----------------------------------------------
        Dated this the 30th day of September, 2024


                                 ORDER

This Criminal Miscellaneous Case is filed against

Annexure-V order by which the Judicial First Class

Magistrate Court-II, Aluva ordered further

investigation.

2. Petitioner is the sole accused in the above

case. The main contention of the petitioner is that,

further investigation can not be conducted at the

instance of the defacto complainant.

3. But this point is considered by the Apex Court

in Vinubhai Haribhai Malaviya and Ors. v. The

State of Gujarat and Ors. [2019 (4) KLT 3025]. In

the light of the dictum laid down in Vinubhai's case

(supra), I think the contention of the petitioner will not

2024:KER:72626

stand. All the contentions raised by the petitioner can

be raised before the trial court at the appropriate

stage.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

                                          P.V.KUNHIKRISHNAN
DM                                              JUDGE






                                                   2024:KER:72626



PETITIONER ANNEXURES

ANNEXURE I                 TRUE COPY OF THE F.I.R.NO.110/2014 OF

ELAMAKKARA POLICE STATION.

ANNEXURE II TRUE COPY OF THE FINAL REPORT IN F.I.R.110/14 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.

ANNEXURE III TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER AS WITNESS.

ANNEXURE IV TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALUVA.

ANNEXURE V TRUE COPY OF THE ORDER DATED 2.11.2015 IN M.P.NO.1706/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.

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