Kerala High Court
Jijimon K.M vs Sub Judge, Perumbavoor on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 7935 OF 2024
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2024:KER:71299
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 7935 OF 2024
CC NO.749 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST
CLASS - I, PERUMBAVOOR
PETITIONER/ ACCUSED :
JIJIMON K.M.
AGED 56 YEARS
SON OF MATHEW, KODAKALLIL HOUSE,
OONNUKKAL P.O., THENGOD KARA,
NERIYAMANAGALAM, PIN - 686693
BY ADVS.
O.H.NAZEEBA
SAJEN THAMPAN
TOM MATHEW
DEEPU ANIL
ANNA JEZITA DAVID
AAGI JOHNY
SAJANA P.S.
RESPONDENT/ COMPLAINANT & 3RD PARTY :
1 SUB JUDGE, PERUMBAVOOR
PERUMBAVOOR, KERALA,
PIN - 683542
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7935 OF 2024
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2024:KER:71299
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.7935 of 2024
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Dated this the 25th day of September, 2024
ORDER
Petitioner is challenging the proceedings dated 20.09.2024
whereby petitioner's application for exemption from appearance on the
date of posting was rejected and non-bailable warrant has been issued.
2. Petitioner contends that by virtue of the provisions of Section
343(2) of the Cr.P.C., the learned Magistrate ought not to have even
proceeded with the case since an appeal against dismissal of the suit from
which proceedings under Section 340 Cr.P.C. has been initiated is pending
consideration.
3. The learned counsel further submitted that by an order dated
20.09.2024 itself, the petition to stay the proceedings under Section 343
Cr.P.C. has been dismissed and that he is taking steps to challenge the
said order.
4. I have heard the learned counsel for the petitioner as well as
the learned Public Prosecutor.
5. Even though petitioner contended that his application under
Section 343(2) Cr.P.C. has been dismissed erroneously, it is noticed from
the files that such an order has not been produced and nor has any such
challenge been raised. If at all petitioner is aggrieved by such an order,
he has to initiate appropriate challenge against the said order.
CRL.MC NO. 7935 OF 2024
2024:KER:71299
6. Dehors the contentions regarding Section 343(2) of Cr.P.C.,
I am of the view that since a non-bailable warrant has been issued
against him, it is only appropriate that the petitioner appears before the
court and seek recall of warrant. Therefore the petitioner is given the
liberty to approach the trial court with an application for recall of warrant
and for grant of bail. If any such application is filed after the petitioner
surrenders before the court within 15 days from today, the said
application shall be considered and appropriate orders recalling the non-
bailable warrant granting bail shall be issued by the learned Magistrate.
To enable the petitioner to appear before the learned Magistrate as
mentioned above, the non-bailable warrant issued against him shall be
kept in abeyance for a period of 15 days from today.
The Crl.M.C. is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 7935 OF 2024
2024:KER:71299
PETITIONER'S ANNEXURES :
Annexure A1 TRUE COPY OF THE ORDER ISSUED BY THE
DISTRICT POLICE SUPERINTENDENT, ERNAKULAM
RURAL DATED 20.11.2002.
Annexure A2 TRUE COPY OF THE JUDGMENT IN O.S. NO.128
OF 2004 ON THE FILES OF THE PRINCIPAL SUB
COURT, NORTH PARAVUR DATED 08.02.2007.
Annexure A3 TRUE COPY OF THE JUDGMENT IN O.S. NO.:292
OF 2007 ON THE FILES OF THE SUB JUDGE,
PERUMBAVOOR DATED 20.12.2011.
Annexure A4 TRUE COPY OF THE CASE STATUS EVIDENCING
PENDENCY OF R.F.A. NO.:355 OF 2012 ON THE
FILES OF THE HON'BLE HIGH COURT OF KERALA.
Annexure A5 TRUE COPY OF THE COMPLAINT FILED UNDER
SECTION 340 CR.P.C. BY THE SUB JUDGE,
PERUMBAVOOR.
Annexure A6 TRUE COPY OF THE PETITION FILED UNDER
SECTION 343(2) CR.P.C. IN C.C. NO.:749 OF
2023 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE-I, PERUMBAVOOR DATED
20.09.2024.
Annexure A7 TRUE COPY OF THE A-DIARY PROCEEDINGS IN
C.C. NO.:749 OF 2023 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE-I, PERUMBAVOOR
DATED 20.09.2024.
