Preethi Mathew vs State Of Kerala
2024 Latest Caselaw 27961 Ker

Citation : 2024 Latest Caselaw 27961 Ker
Judgement Date : 23 September, 2024

Kerala High Court

Preethi Mathew vs State Of Kerala on 23 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

   Crl.M.C. No.3940 of 2018
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                                                    2024:KER:70757

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946

                          CRL.MC NO. 3940 OF 2018

CRIME NO.428/2015 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE

      AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1584 OF

        2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

                                 KOZHIKODE

   PETITIONER/2ND ACCUSED:

                PREETHI MATHEW
                AGED 43 YEARS, W/O SAKKARIA MATHEW,
                APPAKOTTUMURIYIL HOUSE,THIRUTHIKKAD,
                MALLAPPALLY, PATHANAMTHITTA-689 595.


                BY ADVS.
                SRI.JOMON P.VARGHESE
                SRI.E.S.SANEEJ




   RESPONDENTS/STATE,DEFACTO COMPLAINANT & ACCUSED 1&3:

        1       STATE OF KERALA
                REP. BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA.

        2       SAJARUDHEEN
                AGED 33 YEARS, S/O BEERAN KOYA, FIRDOUS,
 Crl.M.C. No.3940 of 2018
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                                                       2024:KER:70757

             VELUTHEDATH PARAMBU, ERANJIKKAL,
             KOZHIKODE-673 303.

     3       SAYYID AHAMMED THANGAL
             AGED 37,S/O SAYYID MOHAMMED MOULANA THANGAL,
             ROYAL CASTLE, FLAT NO.1D, MAHILALAYAM,
             ALUVA.

     4       K.K MOHAMMED ASHRAF
             AGED 52, S/O KOCHUNNI, KARAYADATH HOUSE,
             YASORAM FLAT, VENNALA, KOCHI.



BY ADV.:

             SRI.SANGEETHARAJ.N.R, PP


         THIS   CRIMINAL   MISC.       CASE   HAVING    BEEN   FINALLY
HEARD ON 23.09.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No.3940 of 2018
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                                               2024:KER:70757



               P.V.KUNHIKRISHNAN, J.
               --------------------------------
              Crl.M.C. No.3940 of 2018
        ----------------------------------------------
    Dated this the 23rd day of September, 2024



                           ORDER

This Criminal Miscellaneous Case is filed to quash

the proceedings in CC No.1584 /2015 on the file of

Judicial First Class Magistrate Court-I, Kozhikode.

2. When this Crl.MC came up for consideration

on 22.06.2018, this Court stayed the proceedings and

issued notice to the 1st respondent. The Registry

informed that, no process is paid by the petitioner

eventhough stay is obtained. Thereafter, the case

was posted before the Registrar's Court on

01.03.2019, but there was no representation. Even

now, the process is not paid and service to respondent

Nos.2 to 4 is not complete. In such circumstances,

2024:KER:70757

this Court need not retain this Criminal Miscellaneous

Case.

3. The counsel for the petitioner submitted

that the petitioner is ready to take steps today itself.

The calendar case is registered in the year 2015 and

this Crl.MC is pending before this Court from 2018

onwards. I am of the considered opinion that this

Crl.MC need not be retained here.

4. The counsel for the petitioner argued the

matter in detail. After hearing the counsel for the

petitioner for sometime, I am of the considered

opinion that the petitioner 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 the presence of the petitioner.

Therefore, this Criminal Miscellaneous Case is

disposed of with the following directions:

2024:KER:70757

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

directed above, the presence of

2024:KER:70757

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.