Editor & Managing Director vs State Of Kerala
2024 Latest Caselaw 27998 Ker

Kerala High Court

Editor & Managing Director vs State Of Kerala on 23 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

 Crl.M.C. No.1876 of 2018
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                                                  2024:KER:70673



           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. 1876 OF 2018

            AGAINST THE ORDER/JUDGMENT DATED IN CC NO.203

     OF 2012 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,

                            THIRUVANANTHAPURAM

 PETITIONERS/ACCUSED NOS.5, 31, 101 & 170:

      1       EDITOR & MANAGING DIRECTOR
              T.C NO.25/1105, MALAYALA MANORAMA,
              THAMPANOOR, THIRUVANANTHAPURAM,
              KERALA - 695 001.

      2       MRS.SANTHA LAL
              VILLA NO.5, S.K.LANE ORKID
              KANJIKUNZHI, KOTTAYAM - 686 004.

      3       SANTHOSHKUMAR
              KUZHINIRATHU VEDU, MUKUNTHAPURAM P.O.,
              CHAVARA,KARUNAGAPPALLY, KOLLAM - 691 585.

      4       MALAYALA MANORAMA COMPANY LTD
              REGISTERED OFFICE, MANAROMA BUILDING,
              PB NO.26,KOTTAYAM - 666 001.


              BY ADV SRI.MILLU DANDAPANI
 Crl.M.C. No.1876 of 2018
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                                                       2024:KER:70673


RESPONDENTS/STATE & COMPLAINANT:

     1       STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031.

     2       JOY KAITHARATH
             VELLIKULANGARA P.O., THRISSUR - 680 693



         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.1876 of 2018
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                                             2024:KER:70673



               P.V.KUNHIKRISHNAN, J.
               --------------------------------
              Crl.M.C. No.1876 of 2018
        ----------------------------------------------
    Dated this the 23rd day of September, 2024



                            ORDER

This Criminal Miscellaneous Case is filed to quash

the proceedings in CC No. 203/2012 on the file of

Additional Chief Judicial Magistrate Court,

Thiruvananthapuram. It is a private complaint filed

by the 2nd respondent.

2. When this Crl.MC came up for consideration,

the counsel for the petitioners submitted that, as per

order dated 25.11.2020 in Crl.MC No.217/2019, this

Court already set aside the order taking cognizance.

If that be the case, this Crl.MC need not be retained

here.

3. This Court also perused the order dated

2024:KER:70673

25.11.2020 in Crl.MC No.217/2019, in which it is

clearly stated that, the order taking cognizance in the

complaint itself is quashed. Therefore, no further

direction is necessary in this case. If there is any

fresh cause of action to the petitioners, the petitioners

are free to challenge the same separately, in

accordance with law.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj

2024:KER:70673

PETITIONER ANNEXURES

ANNEXURE AI TRUE COPY OF THE COMPLAINT CC NO.203/2012 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHPURAM FILED BY THE 2ND RESPONDENT

ANNEXURE A2 TRUE COPY OF THE MEMO SUBMITTED BY THE COUNSEL FOR THE COMPLAINT FILED BY THE 2ND RESPONDENT

ANNEXURE A3 TRUE COPY OF THE ORDER TAKING COGNIZANCE BY THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM.

ANNEXURE A4 TRUE COPY OF THE KERALA PRISONERS & CORRECTIONAL SERVICE (MANAGEMENT) ACT

ANNEXURE A5 TRUE COPY OF THE ORDER ISSUED BY THIS HON'BLE COURT DTD. 25/8/2017

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE