Kerala High Court
Eldhos vs State Of Kerala/Complainant on 26 September, 2024
2024:KER:71900
CRL.MC Nos.4712 & 558 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024/4TH ASWINA, 1946
CRL.MC NO. 4712 OF 2022
CRIME NO.3811/2017 OF ALUVA EAST POLICE STATION,
ERNAKULAM
CP NO.26 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS-I, ALUVA
PETITIONER/4TH ACCUSED:
SHIYO AUGUSTIN
AGED 38 YEARS
S/O AUGUSTIN, MOONJELY HOUSE,
MOOPPAN JN., THURAVOOR P.O.,
ANGALAMALY, ERNAKULAM, PIN - 683572
BY ADVS.
HAMZATH ALI V.K.
P.ANTO THOMAS
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE INSPECTOR (SHO)
ALUVA EAST POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
KOCHI, PIN - 682031
BY RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 26.09.2024, ALONG WITH Crl.MC.558/2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC Nos.4712 & 558 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024/4TH ASWINA, 1946
CRL.MC NO. 558 OF 2022
CRIME NO.3811/2017 OF ALUVA EAST POLICE STATION,
ERNAKULAM
PETITIONER/2ND ACCUSED:
ELDHOS
AGED 30 YEARS
SON OF JOHNY, PULLEPADICKAL HOUSE,
MEKKAADAMBU, VALAKAM, ERNAKULAM DISTRICT
ERNAKULAM, PIN - 682316
BY ADVS.
M.J.SANTHOSH
V.A.NAVAS
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 CIRCLE INSPECTOR OF POLICE,
ALUVA EAST POLICE STATION,
ALUVA, ERNAKULAM DIST.
PIN - 683101
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.09.2024, ALONG WITH Crl.MC.4712/2022,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC Nos.4712 & 558 OF 2022
3
ORDER
Dated this the 26th day of September, 2024
These Criminal Miscellaneous Cases have been
filed under Section 482 of the Code of Criminal Procedure, at
the instance of accused Nos.2 and 4, to quash final report in
Crime No.3811/2017 of Aluva East Police Station, Ernakulam
and all further proceedings in CP No.26/2019 on the files of
the Judicial First Class Magistrate Court-I, Aluva.
2. Heard the learned counsel for the
petitioners and the learned Public Prosecutor
3. In this matter, offences punishable under
Sections 372, of the Indian Penal Code and Sections 3, 4, 5,
6 and 7 of the Immoral Traffic (Prevention) Act are alleged to
have been committed by the accused.
4. At the time of hearing, the learned
respective counsel for the petitioners submitted that since the
matter is of the year 2017, an early disposal would suffice to
address the grievance of the petitioners. This submission is
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CRL.MC Nos.4712 & 558 OF 2022
recorded.
5. The learned Public Prosecutor did not
oppose the said prayer.
6. In view of the limited prayer now canvassed,
these Crl.M.C.s can be disposed of, granting the limited
prayer.
7. Now the matter has been pending as
C.P.No.26/2019, because of the interim stay granted by this
Court. Therefore, there shall be a direction to the Judicial
First Class Magistrate Court-I, Aluva, to commit the case
against the petitioners immediately, within seven days, after
appearance of the petitioners. The petitioners are directed to
appear before the Magistrate Court within ten days from
today. On getting the matter committed, the learned Sessions
Judge concerned is directed to dispose of the case at the
earliest, at any rate within a period of four months from the
date of committal.
Interim order stay stands vacated.
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CRL.MC Nos.4712 & 558 OF 2022
Registry is directed to forward a copy of this order to
the jurisdictional courts for information and further steps.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
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CRL.MC Nos.4712 & 558 OF 2022
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF FIR IN CRIME NO. 3811/17
OF ALUVA EAST POLICE STATION
Annexure 2 TRUE COPY OF REPORT OF CW1
Annexure 3 TRUE COPY OF FINAL REPORT IN CP
Annexure 4 TRUE COPY OF JUDGMENT IN 2018(1) KLT
275 SHEENA CHARLES V. STATE OF KERALA
Annexure 5 TRUE COPY OF JUDGMENT IN 2011(3) KLT
292 JOSEPH VS.STATE OF KERALA
Annexure A6 TRUE COPY OF THE PCC APPLICATION
REJECTION DATED 2/1/2024 BY HIGH
COMMISSION OF INDIA, LONDON, UNITED
KINGDOM
RESPONDENTS ANNEXURS : NIL
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CRL.MC Nos.4712 & 558 OF 2022
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE SCREENSHOTS TAKEN
FROM THE WEBSITE 'WWW.IN.LOCAN.TO
Annexure A2 A TRUE COPY OF THE FINAL REPORT IN C.P
26/2019 ON THE FILES OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, ALUVA
DATED 20.01.2019
Annexure A3 A TRUE COPY OF THE SAID ORDER IN CRL.
P. NO. 2119 OF 2022 DATED 04.04.2022
OF THE HIGH COURT OF KARNATAKA
Annexure A4 A TRUE COPY OF THE JUDGMENT DATED
13.06.2022 IN C.R.R. 2363 OF 2019 IN
THE MATTER OF SURESH BABU @ ARAKKAL
ARJUNAN SURESH BABU VS. THE STATE OF
WEST BENGAL AND ANOTHER
Annexure A5 A TRUE COPY OF THE ORDER DATED
31.05.2023 IN CMP NO. 1071/2023 IN CP
NO. 26/2019 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, ALUVA
Annexure A6 A TRUE COPY OF THE POLICE CLEARANCE
CERTIFICATE HAVING CERTIFICATE NO.
CO2086793436723 DATED 13.06.2023
RESPONDENTS ANNEXURES : NIL
