Santhosh Kumar P.K vs The Sub Inspector Of Police
2024 Latest Caselaw 27500 Ker

Kerala High Court

Santhosh Kumar P.K vs The Sub Inspector Of Police on 11 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

  Crl.M.C. No.949 of 2018
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                                                     2024:KER:69437

            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. 949 OF 2018

     CRIME NO.183/2017 OF PARAPPANGADI POLICE STATION,

                                  MALAPPURAM

    AGAINST THE ORDER/JUDGMENT DATED 20.01.2018 IN CMP

   NO.7368 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                                PARAPPANANGADI

  PETITIONER/PETITIONER:

               SANTHOSH KUMAR P.K.
               AGED 46 YEARS,S/O.DIVAKARA MENON,KUNNAMPALLI
               HOUSE,OZHOOR P.O.,THIRUR, KOZHIKODE-676 313.


               BY ADVS.
               SRI.T.G.RAJENDRAN
               SMT.ANN SUSAN GEORGE
               SRI.T.R.TARIN
               SRI.V.A.VINOD




  RESPONDENTS/COMPLAINANT AND STATE

       1       THE SUB INSPECTOR OF POLICE
               PARAPPANANGADI POLICE STATION,
               KOZHIKODE-676 313.
 Crl.M.C. No.949 of 2018
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                                                       2024:KER:69437



     2       THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,ERNAKULAM-682 031.

     3       CHANDRESH
             S/O.CHANDRAN KOTTAKALATHIL,VEERPPINGAL
             HOUSE,VALLIKUNNU P.O., KADALUNDI NAGARAM,
             KOZHIKODE-673 314.


             BY ADVS.
             SRI.RENJITH.T.R, SR.PP
             SMT.K.N.ABHA
             SRI.HARISH R. MENON
             SRI.A.G.PRASANTH
             SRI.K.T.SHYAMKUMAR - R3




         THIS   CRIMINAL   MISC.       CASE   HAVING    COME   UP   FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.949 of 2018
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                                              2024:KER:69437




               P.V.KUNHIKRISHNAN, J.
               --------------------------------
               Crl.M.C. No.949 of 2018
        ----------------------------------------------
    Dated this the 11th day of September, 2024



                            ORDER

This Criminal Miscellaneous Case is filed

challenging an order passed under Section 451 of

Cr.P.C. The trial court dismissed the application filed

by the petitioner.

2. Now, as per the e-court service website, it is

seen that the final report in this case is already filed

and the case is pending as CC No.650/2017. The

evidence is already started and Section 82, 83 steps

are initiated against CW Nos. 1 and 2. Since the

evidence is already started, I am of the considered

opinion that, this Criminal Miscellaneous Case need

not be retained here. I make it clear that, the order

2024:KER:69437

passed under Section 451 Cr.P.C. will be subject to the

final decision in the main case. The learned

Magistrate will pass appropriate orders under Section

452 Cr.P.C. at the appropriate stage.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj

2024:KER:69437

PETITIONER ANNEXURES

ANNEXURE I: THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER.

ANNEXURE II: THE TRUE COPY OF THE POLICY SCHEDULE CUM CERTIFICATE OF INSURANCE.

ANNEXURE III: THE TRUE COPY OF THE ORDER IN CMP 7368/17 DATED 20.1.2018.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE