Kerala High Court
Anoop.K.R vs Sub Inspector Of Police, Hill Palace ... on 13 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.2544 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.MC NO. 2544 OF 2018
CRIME NO.2267/2016 OF HILL PALACE POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.728 OF 2017
OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
TRIPUNITHURA
PETITIONER/ACCUSED:
ANOOP.K.R.
AGED 48 YEARS, S/O.LATE RAMAN, KOCHUPURACKAL
HOUSE, EROOR P.O., ERNAKULAM-682 306.
BY ADV SRI.DILISH JOHN
RESPONDENT/COMPLAINANT:
1 SUB INSPECTOR OF POLICE,
HILL PALACE POLICE STATION
TRIPUNITHURA-682 301, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
COCHIN-682 031.
2 ADDL. R2 VISWANATHAN
S/O GOPALAKRISHNAN, PADANNAYIL HOUSE
THEKKUMBHAGAM, TRIPUNITHURA.P.O.,
PIN-682 301 (IMPLEADED AS PER ORDER DATED
17.10.2022 IN CRL.MA 1/2022)
Crl.M.C. No.2544 of 2018
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BY ADV.
SRI. SANAL P. RAJ, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.2544 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.2544 of 2018
----------------------------------------------
Dated this the 13th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in CC No.728/2017 on the file of
Judicial First Class Magistrate Court, Tripunithura.
2. This Crl.MC is pending before this Court
from 2018 onwards. When this Crl.MC came up for
consideration on 03.04.2023, this Court passed the
following order:
"Petitioner shall take fresh steps to serve notice on
the 2nd respondent.
Post immediately after service."
3. No steps were taken to take out notice to
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the 2nd respondent. Thereafter, the case was again
posted on 29.08.2024 and this Court passed the
following order:
"Petitioner will take steps to cure the defect within
two weeks. If no steps are taken, Registry will
post the matter in the defect list, after two weeks."
4. Today, also the Registry informed that no
steps are taken. I am of the considered opinion that
this Crl.MC need not be retained here. The Calendar
Case is registered in the year 2017. Therefore, I am
of the considered opinion that, this Criminal
Miscellaneous Case can be disposed of allowing the
petitioner to file a discharge petition, if charge is not
framed. If such a discharge petition is filed, there can
be a direction to consider the same, without insisting
the presence of the petitioner.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
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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 of the discharge petition.
3. If a discharge petition is filed as
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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
JUDGE
DM
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PETITIONER ANNEXURES
ANNEXURE A1- TRUE COPY OF CHARGE SHEET AGAINST
THE PETITIONER/ACCUSED IN
C.C.NO.728/2017 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE
COURT, TRIPUNITHURA (CRIME
NO.2267/2016 OF HILL PALACE POLICE
STATION)
ANNEXURE A2- TRUE COPY OF THE ENCUMBRANCE
CERTIFICATE DATED 03/11/2017.
ANNEXURE A3- TRUE COPY OF THE TAX RECEIPT DATED
06/04/2016.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
