Kerala High Court
Beena vs State Of Kerala on 9 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.258 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
OP(CRL.) NO. 258 OF 2025
CRIME NO.106/2014 OF Vanitha Cell, EKM, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1062 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,ERNAKULAM
PETITIONER(S)/1ST ACCUSED:
BEENA
AGED 55 YEARS
W/O SOMASEKHARAN, KIZHAKOOT HOUSE, THAIKKATUKARA
POST, MUTTOM, ALUVA., PIN - 683106
BY ADVS.
SHRI.ASHIK K.MOHAMED ALI
SHRI.MUHAMMED RIFA P.M.
SMT.EHLAS HALEEMA C.K.
SHRI.SALMAN FARIS
SMT.GAYATHRI ASHISH NAIR
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
2 THE REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
O.P.(Crl.).No.258 of 2025
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3 THE REGISTRAR (COMPUTERISATION)-CUM DIRECTOR (I.T)
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
BY ADV. SHRI.LEO LUKOSE
SRI.C.S.HRITHWIK, SENIOR PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.258 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) No.258 of 2025
-------------------------------
Dated this the 09th day of June, 2025
JUDGMENT
The Original Petition (Crl.) is filed seeking the following
reliefs:
"a) Call for the records leading to Exhibit P1,
Petition and direct the Trial Court to allow the Accused to
lead the defence evidence based on the Exhibit P3, Order
dated 08-01-2025 in tune with the Judgments of this
Honourable Court in Esakimuthu Achari Vs. Assistant
Collector of Central Excise [1986 KHC 122] and
Janardhanan Pillai Vs. State [1991 KHC 165];
b) To direct the Court of the Judicial Magistrate of
the First Class-I, Ernakulam, to initiate coercive steps if
the witness mentioned in Exhibit P1, Petition is not willing
to appear before the Trial Court in CC No. 1062 of 2015 to
give evidence;
c) to direct the 2nd Respondent to ensure that
the abbreviation of the Criminal Miscellaneous Petitions in
Criminal Courts must be Crl.M.P instead of CMP in the
State in consonance with the Exhibit P6, Notification issued
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by this Honourable Court;
d) to direct Respondent Nos. 2 and 3 to make an
enquiry into an anomaly created by the Trial Court as
evidenced by Exhibits P2 and P4 screenshots of the
proceedings in CC No. 1062 of 2015 of the Court of the
Judicial Magistrate of the First Class-I, Ernakulam with
specific reference to the proceedings as shown in the Diary
maintained by the Trial Court under Rule 72 of the Criminal
Rules of Practice, Kerala, 1982;
e) to direct the 3rd Respondent to ensure that a
proper locking of the module is made for maintaining
efficiency, clarity and accuracy to the proceedings once
uploaded by the courts in the e-Court's website in the
State and;
f) grant such other reliefs, which are just and
necessary in the interest of justice."[SIC]
2. Petitioner is the 1st accused in C.C.
No.1062/2015 on the file of the Judicial First Class Magistrate
Court-I, Ernakulam. The above case is charge sheeted against
the petitioner and others alleging offences punishable under
Sections 354 & 354B r/w 34 of the Indian Penal Code, 1860.
The evidence in the above case started and the prosecution
evidence was closed and the case was posted for defence
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evidence to 22.08.2024. Subsequently, the petitioner filed
Ext.P1 petition under Section 311 Cr.P.C. to re-open the case for
defence evidence and to summon the Development
Commissioner, Cochin Special Economic Zone, Kakkanad. It is
stated that the above application was allowed as per Ext.P3.
Steps were also taken to issue notice to the officer concerned.
The officer concerned appeared through a lawyer and
submitted that another officer is to be examined.
Subsequently, the learned Magistrate recorded that Section 311
Cr.P.C. petition is dismissed and the petitioner was directed to
take steps to file a fresh petition under Section 311 Cr.P.C. At
that stage, this Original Petition (Crl.) is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned Public Prosecutor and the learned
counsel appearing for the 2nd and 3rd respondents.
4. This Court directed the Registry to get a report
from the learned Magistrate about the steps taken in this
particular case. A detailed report is submitted by the learned
Magistrate. This Court perused the same. It is stated in the
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report that there is a mistake committed by the office, and it
has already been corrected. If that be the case, no further
action is necessary.
5. Admittedly, Ext.P3 order was passed by the
learned Magistrate by which summons was issued to the
Development Commissioner, Cochin Special Economic Zone. If
that be the case, I am of the considered opinion that the
learned Magistrate will proceed with Ext.P3 and issue fresh
summons, if necessary, to the officer to see that Ext.P3 order is
implemented. I make it clear that the officer concerned can
adduce evidence in accordance with the law. Therefore the
learned Magistrate will proceed with Ext.P3 order to examine
the officer who is summoned as per Ext.P3.
With the above observation, this Original Petition (Crl.)
is disposed of.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF OP(CRL.) 258/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION DATED 08-01-2025
AND NUMBERED AS CRL.M.P NO. 165 OF 2025 BY
THE COURT OF THE JUDICIAL MAGISTRATE OF
THE FIRST CLASS-I, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE SCREENSHOT SHOWING THE
PROCEEDINGS DATED 20-03-2025 OF THE COURT
OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS-I, ERNAKULAM, IN CC NO. 1062 OF
2015.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20-03-2025 OF
THE COURT OF THE JUDICIAL MAGISTRATE OF
THE FIRST CLASS -I, ERNAKULAM IN CRL.M.P
NO. 165 OF 2025.
EXHIBIT P4 TRUE COPY OF THE SCREENSHOT SHOWING
SUBSEQUENTLY CORRECTED PROCEEDINGS DATED
20-03-2025 OF THE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS-I, ERNAKULAM
IN CC NO. 1062 OF 2015.
EXHIBIT P5 TRUE TYPED OF THE PROCEEDINGS OF THE CASE
FROM 26-03-2024 TO 27-03-2025 IN CC NO.
1062 OF 2015 OF THE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS-I,
ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION NO. D1 (A)-
2010/98 DATED 11-04-2003 ISSUED BY THE
REGISTRAR OF THE HONOURABLE HIGH COURT.
