Midhun vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 06, 2024

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Citation: sooperkanoon.com/1289701
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Aug 06, 2024
Case Number: Crl.MC/1815/2017
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Midhun

Respondent

State of Kerala

Excerpt

.....sri.renjith.t.r, sr.pp this criminal misc. case having come up for admission on 06.08.2024, the court on the same day passed the following: crl.mc no. 1815 of 2017 2 p.v.kunhikrishnan, j -------------------------------------- crl.m.c. no. 1815 of 2017 -------------------------------------- dated this the 6th day of august, 2024orderthis criminal miscellaneous case is filed to quash the proceedings in cc no. 492 of 2016 on the file of the chief judicial magistrate court, kollam. annexure-a2 is the final report filed by the police after investigation. the offences alleged are under secs.294(b), 353 and sec. 3(1) of the pdpp act.2. the main contention of the petitioner is thatwhen the petitioner was arrested, he gave annexure-a4 statement to the magistrate concerned and no further proceedings are initiated based on the same. according to the petitioner, an investigation is to be conducted based on annexure-a4 statement. if that is the case, i am of the considered opinion that the petitioner can file an application crl.mc no. 1815 of 2017 3 before the learned magistrate to proceed with the case, based on annexure-a4 statement, in accordance with law. if such an application is filed, the learned magistrate will do the needful, in accordance with law. with the above observation and leaving open all the contentions raised by the petitioner in this crl.m.c., this crl.m.c. is disposed of. sd/- p.v.kunhikrishnan judge sks crl.mc no. 1815 of 2017 4 appendix of crl.mc 1815/2017 petitioner annexures annexure a1 true copy of the fis and fir are in crime no 2002 of 2016 of kollam east police station annexure a2 true copy of the final report filed in crime no 2002 of 2016 of kollam east police station annexure a3 true copy of the certificate of drunkenness issued by the medical practiooner dated 25/06/2016 annexure a4 true copy of the statement recorded by the judicial magistrate of first-class

Full Judgment

CRL.MC NO. 1815 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6TH DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 CRL.MC NO. 1815 OF 2017 CRIME NO.2002/2016 OF Kollam East Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.492 OF 2016 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM PETITIONER/S: MIDHUN AGED 26 YEARS AGED 26 YEARSS/O. MANMADHA KURUP, KRISHNA VILASOM,HOUSESEEMANTHAPURAM CHERRY, MADAVOOR VILLAGE,KILIMANOOR, THIRUVANANTHAPURAM DISTRICT BY ADV SRI.M.T.SURESHKUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTORHIGH COURT OF KERALA,ERNAKULAM 682 031 OTHER PRESENT: SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1815 OF 2017 2 P.V.KUNHIKRISHNAN, J -------------------------------------- Crl.M.C. No. 1815 of 2017 -------------------------------------- Dated this the 6th day of August, 2024

ORDER

This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 492 of 2016 on the file of the Chief Judicial Magistrate Court, Kollam. Annexure-A2 is the final report filed by the Police after investigation. The offences alleged are under Secs.294(b), 353 and Sec. 3(1) of the PDPP Act.

2. The main contention of the petitioner is that

when the petitioner was arrested, he gave Annexure-A4 statement to the Magistrate concerned and no further proceedings are initiated based on the same. According to the petitioner, an investigation is to be conducted based on Annexure-A4 statement. If that is the case, I am of the considered opinion that the petitioner can file an application CRL.MC NO. 1815 OF 2017 3 before the learned Magistrate to proceed with the case, based on Annexure-A4 statement, in accordance with law. If such an application is filed, the learned Magistrate will do the needful, in accordance with law. With the above observation and leaving open all the contentions raised by the petitioner in this Crl.M.C., this Crl.M.C. is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 1815 OF 2017 4 APPENDIX OF CRL.MC 1815/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIS AND FIR ARE IN CRIME NO 2002 OF 2016 OF KOLLAM EAST POLICE STATION ANNEXURE A2 TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO 2002 OF 2016 OF KOLLAM EAST POLICE STATION ANNEXURE A3 TRUE COPY OF THE CERTIFICATE OF DRUNKENNESS ISSUED BY THE MEDICAL PRACTIOONER DATED 25/06/2016 ANNEXURE A4 TRUE COPY OF THE STATEMENT RECORDED BY THE JUDICIAL MAGISTRATE OF FIRST-CLASS

Same Court & Year Kerala · 2024 Same Parties Midhun vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr. Justice P.V.Kunhikrishnan