Biju vs State Of Kerala
2024 Latest Caselaw 28483 Ker

Kerala High Court

Biju vs State Of Kerala on 25 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

   Crl.M.C. No.2557 of 2018
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                                                       2024:KER:71381




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
                        CRL.MC NO. 2557 OF 2018
        CRIME NO.216/2017 OF KATTAKADA POLICE STATION,
                              THIRUVANANTHAPURAM
            AGAINST THE ORDER/JUDGMENT DATED 01.12.2016
   IN    OS     NO.705        OF   2016   OF   PRINCIPAL   MUNSIFF
   COURT,NEDUMANGAD ARISING OUT OF THE ORDER/JUDGMENT
   DATED IN CC NO.925 OF 2017 OF JUDICIAL MAGISTRATE
   OF FIRST CLASS, KATTAKADA


   PETITIONERS/3 TO 5 ACCUSED:

        1      BIJU
               S/O. SUKUMARAN, BADLEHEM, MUZHUVANCODE,
               KULATHUMMAL, KATTAKKADA,
               THIRUVANANTHAPURAM.

        2      KRISHNANKUTTY
               S/O. KOCHURAMAN ASARI, MANU BAVAN,
               VILIDUMPARA KATTAKADA, THIRUVANANTHAPURAM.

        3      MANESH
               S/O. KOCHURAMAN ASARI, MANU BAVAN,
               VILIDUMPARA KATTAKADA, THIRUVANANTHAPURAM.


               BY ADV. SRI.M.R.SARIN
 Crl.M.C. No.2557 of 2018
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                                            2024:KER:71381



RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

     2      SUB INSPECTOR OF POLICE
            KATTAKADA POLICE STATION,
            THIRUVANANTHAPURAM, PIN - 695 572.

     3      JOSNA JOHN
            D/O. SUJAKUMARI, KALLUVATTAMKUZHI,
            ANTHIYOORKONAM, KOLLODU P.O., KATTAKADA,
            THIRUVANANTHAPURAM, PIN - 695 572.

            BY ADV.
            SRI.R.GOPAN
            SRI.RENJITH T.R., SENIOR PP

         THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C. No.2557 of 2018
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                                                 2024:KER:71381




                  P.V.KUNHIKRISHNAN, J.
                  --------------------------------
                 Crl.M.C. No.2557 of 2018
           ----------------------------------------------
       Dated this the 25th day of September, 2024


                             ORDER

This Criminal Miscellaneous Case is filed to

quash the proceedings in C.C. No.925/2017 on the

file of the Judicial First Class Magistrate Court,

Kattakkada arising from Crime No.216/2017 of

Kattakada Police Station.

2. This Crl.M.C. is pending before this Court

from 2018 onwards. No interim order is passed by

this Court staying the trial court proceedings. Now,

as per the e-court Service Website, the evidence in

this case is already started and non-bailable

warrant is issued to the Charge Witnesses. In such

circumstances, this Court need not interfere with

2024:KER:71381

the trial court proceedings. All the contentions

raised by the petitioners in this Crl.M.C. are left

open and the petitioners are free to agitate the

same before the trial court, at the appropriate

stage.

With the above observation, this Criminal

Miscellaneous Case is disposed of.

Sd/-

                               P.V.KUNHIKRISHNAN
nvj                                  JUDGE






                                                2024:KER:71381





PETITIONER ANNEXURES

ANNEXURE A1         TRUE COPY OF IS FIR AS CRIME NO.

216/17 OF KATTAKADA POLICE STATION.

ANNEXURE A2 THE TRUE COPY OF THE CHARGE SHEET IN CC NO. 925/17 PENDING JFCM COURT KATTAKADA.

ANNEXURE A3 TRUE COPY OF THE ORDER IN IA NO.3841/16 IN OS.NO. 705/15 OF PRINCIPAL MUNSIFF COURT, NEDUMANGAD.

ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT FILED BY 3RD RESPONDENT HUSBAND ON 04.06.15 TO KERALA STATE POLLUTION CONTROL BOARD.

ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT FILED BY 3RD RESPONDENT HUSBAND ON 01.07.17 TO KERALA STATE POLLUTION CONTROL BOARD.

ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT FILED BY 3RD RESPONDENT HUSBAND ON 23.06.17 TO KERALA STATE POLLUTION CONTROL BOARD.

ANNEXURE A7 TRUE COPY OF THE ORDER ISSUED BY THE PANCHAYATH SECRETARY KATTAKADA GRAMA PANCHAYATH ON 24.06.17.

RESPONDENTS EXHIBITS : NIL


         //TRUE COPY//                    PA TO JUDGE