Anilkumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2024

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Citation: sooperkanoon.com/1290435
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 31, 2024
Case Number: Crl.MC/5605/2017

Parties & Advocates

Appellant / Petitioner

Anilkumar

Respondent

State of Kerala

Excerpt

.....ottasekharamangalam village thiruvananthapuram district -695504crl.mc no. 5605 of 2017 2 other present: sri.renjith.t.r, sr.pp this criminal misc. case having come up for admission on 31.07.2024, the court on the same day passed the following: crl.mc no. 5605 of 2017 3 p.v.kunhikrishnan, j -------------------------------------- crl.m.c. no.5605 of 2017 -------------------------------------- dated this the 31st day of july, 2024orderthis crl.m.c. is filed to quash proceedings in cc no. neyyattinkara which is pending as lp no. 38/2010 in crime no. the defect list because the service to respondent nos. 2 and 3 is not complete. this crl.m.c. is pending before this court from 2017 onwards and no interim order is passed in this case. now, it is submitted by the learned counsel for the petitioner that the petitioner surrendered before the trial court and the charge is already framed. if that is the case, i am of the considered opinion that fresh notice to respondent nos 2 and 3 need not be issued. the contentions raised by the petitioner in this crl.m.c. can be crl.mc no. 5605 of 2017 4 raised before the trial court at the appropriate stage. the judicial first class magistrate court-i, neyyattinkara will try to dispose the case as expeditiously as possible because the crime is registered in the year 2006. leaving open all the contentions raised by the petitioner in this crl.m.c. and to raise the same at the appropriate stage before the trial court, this crl.m.c. is disposed of. sd/- p.v.kunhikrishnan judge sks crl.mc no. 5605 of 2017 5 appendix of crl.mc 5605/2017 petitioner annexures annexure a copy of the fir in crime no. 182/2006 of aryancode police station dated annexure b attested copy of the final report in c.c.no. magistrate court-i, neyyattinkara pending as l.p. no. 38/2010.

Full Judgment

CRL.MC NO. 5605 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRL.MC NO. 5605 OF 2017 CRIME NO.182/2006 OF Aryancode Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED IN CC NO.918 OF 2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEYYATTINKARA PETITIONER/S: ANILKUMAR AGED 31 YEARS S/O. BABU, AGED 31 YEARS, ANIL BHAVAN, VENGAVILA, KADUKKAMOODU, VELLANADU DESOM, VELLANADU VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADVS. SRI.G.SUDHEER SMT.N.P.ASHA RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2 BABY AGED 55 YEARS D/O.RAJAMMA PANDIMAMPARA THADATHARIKATHU VEEDU PANDIMAMPARA ,VAZHICHAL DESOM OTTASEKHARAMANGALAM VILLAGE THIRUVANANTHAPURAM DISTRICT -695504 3 SARASWATHY AGED 50 YEARS D/O BHARATHI PANDIMAMPARA THADATHARIKATHU VEEDU VAZHICHAL DESOM OTTASEKHARAMANGALAM VILLAGE THIRUVANANTHAPURAM DISTRICT -695504
CRL.MC NO. 5605 OF 2017 2 OTHER PRESENT: SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5605 OF 2017 3 P.V.KUNHIKRISHNAN, J -------------------------------------- Crl.M.C. No.5605 of 2017 -------------------------------------- Dated this the 31st day of July, 2024

ORDER

This Crl.M.C. is filed to quash proceedings in CC No. Neyyattinkara which is pending as LP No. 38/2010 in Crime No. the defect list because the service to respondent Nos. 2 and 3 is not complete. This Crl.M.C. is pending before this Court from 2017 onwards and no interim order is passed in this case. Now, it is submitted by the learned counsel for the petitioner that the petitioner surrendered before the trial court and the charge is already framed. If that is the case, I am of the considered opinion that fresh notice to respondent Nos 2 and 3 need not be issued. The contentions raised by the petitioner in this Crl.M.C. can be CRL.MC NO. 5605 OF 2017 4 raised before the trial court at the appropriate stage. The Judicial First Class Magistrate Court-I, Neyyattinkara will try to dispose the case as expeditiously as possible because the crime is registered in the year 2006. Leaving open all the contentions raised by the petitioner in this Crl.M.C. and to raise the same at the appropriate stage before the trial court, this Crl.M.C. is disposed of. sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 5605 OF 2017 5 APPENDIX OF CRL.MC 5605/2017 PETITIONER ANNEXURES ANNEXURE A COPY OF THE FIR IN CRIME NO. 182/2006 OF ARYANCODE POLICE STATION DATED ANNEXURE B ATTESTED COPY OF THE FINAL REPORT IN C.C.NO. MAGISTRATE COURT-I, NEYYATTINKARA PENDING AS L.P. NO. 38/2010.

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