Mohankumar vs State Of Kerala
2024 Latest Caselaw 27493 Ker

Kerala High Court

Mohankumar vs State Of Kerala on 11 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 3095 OF 2018         1


                                            2024:KER:69590
         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. 3095 OF 2018

   CRIME NO.1596/2013 OF Punalur Police Station, Kollam
      AGAINST THE ORDER/JUDGMENT DATED IN CC NO.656 OF
2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
PETITIONER/S:

      1       MOHANKUMAR
              S/O. CHELLAPPAN PILLAI, POONTHOTTATHIL VEEDU,
              CHENGULAM, KOZHIKKODU MURI, POOYAPPILLY VILLAGE,
              KOLLAM DISTRICT.

      2       RAJ
              AGED 37 YEARS
              AGED 37 YEARS, RAJBHAVAN, KOTTARAKKARA, KOLLAM
              DISTRICT.


              BY ADVS.
              SRI.MATHEW B. KURIAN
              SRI.K.T.THOMAS


RESPONDENT/S:
    1    STATE OF KERALA
         REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
         ERNAKULAM, PIN - 682 031.

      2       ABHILASH
              S/O. NARAYANANKUTTY, OMANA NIVAS, VADAMON P.O.,
              VADAMON, KOLLAM DISTRICT, PIN - 691 306.


              BY ADV SRI.R.KRISHNAKUMAR CHERTHALA
OTHER PRESENT:
         SRI.RENJITH.T.R, SR.PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 CRL.MC NO. 3095 OF 2018          2


                                                     2024:KER:69590


                P.V.KUNHIKRISHNAN, J
              --------------------------------------
               Crl.M.C. No. 3095 of 2018
              --------------------------------------
       Dated this the 11th day of September, 2024



                                 ORDER

This Criminal Miscellaneous case is filed with

following prayer :

"Call for the records in CC No. 656/2014 and quash the final report in CC No. 656/2014 pending on the files of the Judicial First Class Magistrate Court-III, Punalur in the interest of justice." [sic]

2. No interim order was passed in this case.

This Court directed the Registry to get a report from the

trial court about the present stage of the case. The

learned Magistrate submitted a report in which it is

stated that, the summons is issued to charge witness No.1

and the case is posted to 23.09.2022. If that is the case, this

Court need not interfere with the prosecution proceedings, at

this stage. All the contentions raised by the petitioners are

left open and the petitioners are free to agitate the same

2024:KER:69590 before the trial court, at the appropriate stage.

With the above observation, this Crl.M.C. is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:69590

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE F.I.R NO. 1596/13 OF THE PUNALUR POLICE STATION ALONG WITH COPY OF PRIVATE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT.

ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN C.C.656 OF 2014 FILED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, PUNALUR.