James vs State of Kerala

JAMES vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2024

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https://sooperkanoon.com/case/1290164

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Citation: sooperkanoon.com/1290164
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 30, 2024
Case Number: Crl.MC/4082/2017

Parties & Advocates

Appellant / Petitioner

JAMES

Respondent

State of Kerala

Excerpt

.....vasanthakumar v, aged 50 years, s/o late. n. varijakshan, authorised signatory. by adv. sri.sangeetharaj n.r., public prosecutor this criminal misc. case having come up for admission on 30.07.2024, the court on the same day passed the following:p.v.kunhikrishnan, j.-------------------------------- ---------------------------------------------- dated this the 30th day of july, 2024orderthis criminal miscellaneous case is filed to quash the proceedings in anneuxre a1 fir.2. this crl.m.c is pending before this courtfrom 2017 onwards. when this crl.m.c came up for consideration on 23.06.2017, this court ordered that the petitioners shall not be arrested or summoned to the police station until further orders. probably, the final report might have been submitted before the court concerned. if the final report is not filed and the investigation is still pending, and if the presence of the petitioner is necessary, two weeks prior notice should be given to the petitioners. with the above observation, this criminal miscellaneous case is disposed of. sd/- p.v.kunhikrishnan judge dm appendix of crl.mc 4082/2017 petitioner annexures annexure a1 certified copy of he fir in crime no.741 if 2017 of hill palace police station dated 20.4.2017.annexure a2 certified copy of the private complaint filed against petitioners by the ansalhospitaliy & leisure company (p) limited. annexure a3 true copy of the plain as o.s no.251 of 2017 before the munsiff's court , ernakulam dated 28.2.2017. respondents exhibits: nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 CRL.MC NO. 4082 OF 2017 CRIME NO.741/2017 OF HILL PALACE POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 28.02.2017 IN OS NO.251 OF 2017 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 5:
1 JAMES POTHEN AGED ABOUT 62 YEARS, S/O POTHEN, SECRETARY, ANSAL'S RIVER DALE OWNERS ASSOCIATION,EROOR, RESIDING AT FB- 2, TOWN HOUSE, ANSAL'S RIVER DALE RESIDENTIAL HOUSE, EROOR, ERNAKULAM DISTRICT. 2 P.A GEORGE AGED ABOUT 55 YEARS, S/O., PLOT NO.22,ANSAL'S RIVER DALE RESIDENTIAL COLONY,EROOR, ERNAKULAM DISTRICT. 3 THOMSON AGED ABOUT 30 YEARS, S/O., MANAGER, ANSAL'S RIVER DALE OWNERS ASSOCIATION,EROOR, ERNAKULAM DISTRICT. 4 UNNIKRISHNAN AGED ABOUT 35 YEARS, S/O. ELECTRICIAN, ANSAL'S RIVER DALE OWNERS ASSOCIATION, EROOR, ERNAKULAM DISTRICT. 5 PRASAD AGED ABOUT 28 YEARS, S/O. PLUMBER, ANSAL'S RIVER DALE OWNERS ASSOCITION,EROOR, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.SUDHEER
RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 M/S ANSAL HOSPITALITY AND LEISURE COMPANY P LTD REGIONAL OFFICE, DOOR NO.42/C & 42/C1,PLOT NO.7 & 8 , ANSAL RIVER DALE , EROOR, KOCHI.682306, REPRESETNED BY VASANTHAKUMAR V, AGED 50 YEARS, S/O LATE. N. VARIJAKSHAN, AUTHORISED SIGNATORY. BY ADV. SRI.SANGEETHARAJ N.R., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- ---------------------------------------------- Dated this the 30th day of July, 2024

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in Anneuxre A1 FIR.

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

from 2017 onwards. When this Crl.M.C came up for consideration on 23.06.2017, this Court ordered that the petitioners shall not be arrested or summoned to the police station until further orders. Probably, the final report might have been submitted before the court concerned. If the final report is not filed and the investigation is still pending, and if the presence of the petitioner is necessary, two weeks prior notice should be given to the petitioners. With the above observation, this Criminal Miscellaneous Case is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF CRL.MC 4082/2017 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF HE FIR IN CRIME NO.741 IF 2017 OF HILL PALACE POLICE STATION DATED 20.4.2017.

ANNEXURE A2                CERTIFIED COPY OF THE PRIVATE
                           COMPLAINT      FILED      AGAINST
                           PETITIONERS   BY     THE    ANSAL

HOSPITALIY & LEISURE COMPANY (P) LIMITED. ANNEXURE A3 TRUE COPY OF THE PLAIN AS O.S NO.251 OF 2017 BEFORE THE MUNSIFF'S COURT , ERNAKULAM DATED 28.2.2017. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2024 Same Parties JAMES vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan