Kerala High Court
Vincent K.V vs State Of Kerala on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.8586 of 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CRL.MC NO. 8586 OF 2017
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.8 OF 2017
OF MUNSIFF COURT, IDUKKI ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CC NO.462 OF 2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, IDUKKI
PETITIONER/ACCUSED:
VINCENT K.V.
S/O. VARKEY, AGED 48 YEARS,
KALAYATHUMPARAMBA,PUTHENPURAYIL HOUSE,
MANIYARAMKUDY, IDUKKI VILLAGE, IDUKKI
DISTRICT.
BY ADV SRI.MILLU DANDAPANI
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 SARADA
W/O. LATE ACHUDHAN, AGED 73 YEARS, MATTATHU
HOUSE,CHERUTHONI TOWN, CHERUTHONI KARA,
IDUKKI VILLAGE,IDUKKI - 685 602.
Crl.M.C. No.8586 of 2017
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BY ADV.:
SRI.SANGEETHARAJ.N.R, PP
SRI.P.CHANDY JOSEPH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 11.09.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.8586 of 2017
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.8586 of 2017
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Dated this the 11th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
Annexure-A, which is a private complaint.
2. It seems that the complainant already died
on 22.08.2018. In such circumstances, the
continuation of the complaint is to be decided by the
learned Magistrate. I am of the considered opinion
that, this Criminal Miscellaneous Case need not be
retained here. The petitioner can be allowed to file an
exemption petition and there can be a direction to
allow the same. If no legal heirs are approaching the
court below to come on record, the learned Magistrate
will do the needful, in accordance with law.
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Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
1. The petitioner is free to file an application
for exemption from personal appearance,
within a period of three weeks from the
date of receipt of a certified copy of this
order and if such an application is filed,
the learned Magistrate will allow the
same, on condition that the petitioner will
appear on posting days on which his
presence is inevitable.
2. The jurisdictional court will decide whether
the continuation of the private complaint
is necessary, in the light of the death of
the 2nd respondent, if the legal heirs are
not coming on record.
3. The petitioner is also free to file a
discharge petition and if such a discharge
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petition is filed, the learned Magistrate will
consider the same, in accordance with
law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
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PETITIONER ANNEXURES
ANNEXURE A CERTIFIED COPY OF THE C.M.P NO. 1574
OF 2016 FILED BY THE 2ND RESPONDENT
DATED 10.05.2017 WHICH IS PRESENTLY
NUMBERED AS C.C NO. 462/2017.
ANNEXURE B TRUE COPY OF THE ORDER IN C.M.P
NO.1574/16 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, IDUKKI DTD
14.8.2017.
ANNEXURE C TRUE COPY OF THE SUIT FOR INJUNCTION
FILED BY THE PETITIONER AGAINST THE
2ND RESPONDENT AND HER DAUGHTER, O.S
NO.8 OF 2017 BEFORE MUNSIFF COURT,
IDUKKI DATED 22.10.2016.
ANNEXURE D TRUE COPY OF THE INJUNCTION ORDER
GRANTED BY THE LEARNED MUNSIFF IN
I.A NO.63 OF 2017 IN O.S NO. 8 OF
2017 DTD. 3.2.2017.
ANNEXURE E TRUE COPY OF THE SUIT FILED BY THE
2ND RESPONDENT HEREIN DTD. 9.3.2017.
ANNEXURE F TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN O.S
NO.23/2017 DATED 26.8.2017.
ANNEXURE G TRUE COPY OF THE PLAINT IN OS NO: 47
OF 2017 DATED 03.05.2017.
ANNEXURE H TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN OS NO: 47
OF 2017 DATED 13.09.2017.
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ANNEXURE I TRUE COPY OF THE CONSENT DEED
EXECUTED BY THE 2ND RESPONDENT IN
FAVOUR OF THE PETITIONER DATED
27.12.2016.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
