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Manoj vs the State of Kerala

MANOJ vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2024
~2 min read
https://sooperkanoon.com/case/1290495

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/5345/2016

Parties & Advocates

Appellant / Petitioner

MANOJ

Respondent

The State of Kerala

Excerpt

.....31st day of july 2024 / 9th sravana, 1946 crl.mc no. 5345 of 2016 crime no.823/2015 of karunagapally police station, kollam against the order/judgment dated in cc no.336 of 2016 of judicial magistrate of first class - i, karunagappally petitioner/defacto complainant/victim: manoj s/o.pushkkaran pillai, palappally kizhakkathil, edakulangara po, puli south, thodiyoor, karunagappally by adv sri.m.r.sasith respondents/1 & 4,5,6,7,8,9,10, accused:1 the state of kerala represented by the public prosecutor,high court of kerala, ernaklam - 682031 2 sub inspector of police karunagappally police station, 3 jagadeesh kumar aged 21 years, nagaroor vadakkathil house, thodiyoor, karunagappally, kollam - 690001 4 ullas aged 19 years, vishnu bhavanam, thodiyoor, 5 santhosh aged 22 years, chandran nivas,thodiyoor, 6 ansari aged 20 years, pulickal vanchi thekke muriyailvadakkathil, thodiyoor, karunagappally, kollam 7 anuvinraj aged 19 years, navanitham,pulickal vanchi thekke muriyail vadakkathil, thodiyoor, karunagapally,kollam - 690001 8 lal alias jayesh aged 19, kalleli bhagam village, kallelibhagam thekkummuriyal ,ediyalangara po, karikkal thara yeenu 9 nidhin aged 23 years, vyppil kizhakkethil,pullkkal vanchi theekum muriyal,thodiyoor, by advs. sri.renjith.t.r, sr.pp sri.v.vinarthis criminal misc. case having come up for admission on 31.07.2024, the court on the same day passed the following:p.v.kunhikrishnan, j.-------------------------------- ---------------------------------------------- dated this the 31st day of july, 2024orderthis criminal miscellaneous case is filed with the following prayers: “to exercise the inherent powers vested under section 482 of the code of criminal procedure, 1973 and quash all further proceedings against the 3 to 9 respondents in annexure-a1, a2 as c.c. no.336/2016 of karunagappally police station, which are pending before judicial first class magistrate court, karunagappally.”2. when this crl.mc came up forconsideration, this court.....

Full Judgment

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. 5345 OF 2016 CRIME NO.823/2015 OF KARUNAGAPALLY POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.336 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY PETITIONER/DEFACTO COMPLAINANT/VICTIM: MANOJ S/O.PUSHKKARAN PILLAI, PALAPPALLY KIZHAKKATHIL, EDAKULANGARA PO, PULI SOUTH, THODIYOOR, KARUNAGAPPALLY BY ADV SRI.M.R.SASITH RESPONDENTS/1 & 4,5,6,7,8,9,10, ACCUSED:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKLAM - 682031 2 SUB INSPECTOR OF POLICE KARUNAGAPPALLY POLICE STATION, 3 JAGADEESH KUMAR AGED 21 YEARS, NAGAROOR VADAKKATHIL HOUSE, THODIYOOR, KARUNAGAPPALLY, KOLLAM - 690001 4 ULLAS AGED 19 YEARS, VISHNU BHAVANAM, THODIYOOR, 5 SANTHOSH AGED 22 YEARS, CHANDRAN NIVAS,THODIYOOR, 6 ANSARI AGED 20 YEARS, PULICKAL VANCHI THEKKE MURIYAIL

VADAKKATHIL, THODIYOOR, KARUNAGAPPALLY, KOLLAM 7 ANUVINRAJ AGED 19 YEARS, NAVANITHAM,PULICKAL VANCHI THEKKE MURIYAIL VADAKKATHIL, THODIYOOR, KARUNAGAPALLY,KOLLAM - 690001 8 LAL ALIAS JAYESH AGED 19, KALLELI BHAGAM VILLAGE, KALLELIBHAGAM THEKKUMMURIYAL ,EDIYALANGARA PO, KARIKKAL THARA YEENU 9 NIDHIN AGED 23 YEARS, VYPPIL KIZHAKKETHIL,PULLKKAL VANCHI THEEKUM MURIYAL,THODIYOOR, BY ADVS. SRI.RENJITH.T.R, SR.PP SRI.V.VINAR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

-------------------------------- ---------------------------------------------- Dated this the 31st day of July, 2024

ORDER

This Criminal Miscellaneous Case is filed with the following prayers: “to exercise the inherent powers vested under Section 482 of the Code of Criminal Procedure, 1973 and quash all further proceedings against the 3 to 9 respondents in Annexure-A1, A2 as C.C. No.336/2016 of Karunagappally Police Station, which are pending before Judicial First Class Magistrate Court, Karunagappally.”

2. When this Crl.MC came up for

consideration, this Court directed the Registry to get a report from the trial court about the present stage of the case. The learned Magistrate reported that, C.C. No.336/2016 was disposed of on 20.09.2023 and the petitioner herein was the informant in that case. If that be the case, nothing survives in this case. Hence, the Crl.MC can be closed. Therefore, this Criminal Miscellaneous Case is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 5345/2016 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR NO. 823/2015 OF KARUNAGAPPALLY POLICE STATION, KOLLAM ANNEXURE A2 TRUE COPY OF THE CC.NO. 336/2016 OF POLICE STATION, KOLLAM RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

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