Kerala High Court
Roof.T.P vs State Of Kerala on 30 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.4519 of 2018
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2024:KER:72604
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. 4519 OF 2018
CRIME NO.4323/2014 OF ALUVA POLICE STATION, ERNAKULAM
AGAINST CC NO.362 OF 2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, ALUVA
PETITIONER/ACCUSED:
ROOF.T.P
AGED 31 YEARS, S/O. ABDUL RAHMAN, KATTILE
VALAPPIL HOUSE, ERIVERI P.O, KANNUR DISTRICT.
BY ADVS.
SMT.K.A.SANJEETHA
SRI.BALU TOM
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM - 682 031.
2 SHAJILA, AGED 24 YEARS, D/O. MUSTHAFA, P.K.
HOUSE, CHALIYEPADAM, NAD COMBARA, ALUVA EAST
VILLAGE - 683 101, ERNAKULAM DISTRICT.
BY ADV.
SRI.K.P.DHANEESH
SRI.RENJITH T.R., SENIOR PP
SRI.BIJU ABRAHAM - R2
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.4519 of 2018
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.4519 of 2018
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Dated this the 30th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed seeking
the following reliefs:
"to call for the records and to quash Annexure A2
charge sheet in CC 362/2015 of the Court of Judicial
Magistrate of the First Class I Aluva."
2. The offence alleged are under Sections 406,
420 and 354 IPC.
3. After hearing the counsel appearing for the
petitioners in detail, I am of the considered opinion that
the petitioners can be allowed to file a discharge
petition before the trial court, if charge is not framed.
If such a discharge petition is filed, there can be a
direction to consider the same, without insisting for the
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presence of the petitioner.
Therefore, this Criminal Miscellaneous Case is
disposed of in the following manner:
1. The petitioner is free to file a
discharge petition before the
jurisdictional court within thirty days
from the date of receipt of a
stamped certified copy of this order,
if charge is not framed.
2. Once such a discharge petition is
received, the jurisdictional court will
consider the same and pass
appropriate orders in it, after giving
an opportunity of hearing to the
petitioner and the Prosecutor
concerned, as expeditiously as
possible, at any rate, within a period
of six weeks from the date of receipt
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of the discharge petition.
3. If a discharge petition is filed as
directed above, the presence of the
petitioner shall not be insisted, till
final orders are passed in the
discharge petition.
4. All the contentions raised by the
petitioner in this criminal
miscellaneous case are left open and
the petitioner is free to agitate the
same in the discharge petition.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
2024:KER:72604
PETITIONER ANNEXURES
ANNEXURE A1 PHOTOSTAT COPY OF THE FIRST
INFORMATION REPORT.
ANNEXURE A2 PHOTOSTAT COPY OF THE CHARGE SHEET IN
CC 362/2015 OF THE COURT OF JUDICIAL
MAGISTRATE OF THE FIRST CLASS I
ALUVA.
ANNEXURE A3 PHOTOSTAT COPY OF THE JUDGMENT IN
CRL. M.C. 7176/2014 DATED 21/06/2017.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
