Shine vs State of Kerala

SHINE vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 23, 2024

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Citation: sooperkanoon.com/1290515
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 23, 2024
Case Number: Crl.MC/5439/2016

Parties & Advocates

Appellant / Petitioner

SHINE

Respondent

State of Kerala

Excerpt

.....liberty to the petitioners to challenge the final report, this crl.m.c. is closed. sd/- p.v.kunhikrishnan judge sks crl.mc no. 5439 of 2016 4 appendix of crl.mc 5439/2016 petitioner annexures annexure 1: certified copy of the f.i.r. in crime no.1425/2016, dated 05.08.2016 of thripunithura hill place police station, ernakulam district annexure -2 &2( true copy of the building permit no.pw2 ba issued by the thripunithura municipality annexure 2(a) true copy of the building permit no.pw ba174/2014-15 dated 01.08.2014 for block no.2 issued y the thripunithura municipality annexure 4: true copy of the undertaking given by the builder to the defacto complainant dated annexure 5: true copy of the location sketch along with survey p0lan issued by village office nadama dated ni; annexure 6: true copy of the plaint os.no.157/2016 on the file of 1st addtional munisff's court, ernakulamannexure7: true copy of the temporary injunction orderin i.a.no. 1056/2016 in os.no.147/2016 of munisiff's court ernakulam-ii, dated 04.02.2016 annexure 8: true copy of the commission report in os.no.157/2016 annexure 9: true copy of the order dismissing the injunction application in i.a.no.1056/2016 dated 19/03/.2016 in os.no.157/2016 on the crl.mc no. 5439 of 2016 5 file of 1st additional munisiff's court (munisiff's-ii), ernakulam annexure 10: true copy of the showing the stage of construction of the building of the builder and the house of defacto complainant annexur 3: copy of the agreement between the 2nd petitioner and other land owners with the builder

Full Judgment

CRL.MC NO. 5439 OF 2016 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 CRL.MC NO. 5439 OF 2016 CRIME NO.1425/2016 OF Hill Palace Police Station, Ernakulam PETITIONER/S: 1 SHINE AGED 40 YEARS MR. SHINE MATHEW, AGED 40 YEARS,S/O. P.I.MATHEW, POLACKAL HOUSE,AIMS POST, PIN-682041, EDAPPALLY,KANAYANNUR TALUK,ERNAKULAM 2 SANAL KUMAR AGED 50 YEARS, S/O NARAYANAN,POOTHARAYIL HOUSE, EROOR.PO.NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT PIN-682306 BY ADVS. SRI.R.B.RAJESH SRI.ANIMON A. JOHN RESPONDENT/S: 1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI PIN-682031 2 THE SUB INSPECTOR OF POLICE HILL PLACE POLICE STATION,THRIPUNITHURA PO., ERNAKULAM DISTRICT -682301 3 SMT. THANKA W/O. KOCHOLE AGED 77 YEARS,PULLAM THURATHIL VEEDU,KANIYAMPUZHA BHAGAM,EROOR KARA, NADAMA
CRL.MC NO. 5439 OF 2016 2 VILLAGE,KANAYANNUR TALUK, ERNAKULAMDISTRICT-682306 OTHER PRESENT: SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5439 OF 2016 3 P.V.KUNHIKRISHNAN, J -------------------------------------- Crl.M.C. No. 5439 of 2016 -------------------------------------- Dated this the 23rd day of July, 2024

ORDER

This Crl.M.C. is filed to quash the FIR in Crime No. submitted that the matter is settled between the parties. If that is the case, the petitioners have to challenge the final report. Granting liberty to the petitioners to challenge the final report, this Crl.M.C. is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 5439 OF 2016 4 APPENDIX OF CRL.MC 5439/2016 PETITIONER ANNEXURES ANNEXURE 1: CERTIFIED COPY OF THE F.I.R. IN CRIME NO.1425/2016, DATED 05.08.2016 OF THRIPUNITHURA HILL PLACE POLICE STATION, ERNAKULAM DISTRICT ANNEXURE -2 &2( TRUE COPY OF THE BUILDING PERMIT NO.PW2 BA ISSUED BY THE THRIPUNITHURA MUNICIPALITY ANNEXURE 2(A) TRUE COPY OF THE BUILDING PERMIT NO.PW BA174/2014-15 DATED 01.08.2014 FOR BLOCK NO.2 ISSUED Y THE THRIPUNITHURA MUNICIPALITY ANNEXURE 4: TRUE COPY OF THE UNDERTAKING GIVEN BY THE BUILDER TO THE DEFACTO COMPLAINANT DATED ANNEXURE 5: TRUE COPY OF THE LOCATION SKETCH ALONG WITH SURVEY P0LAN ISSUED BY VILLAGE OFFICE NADAMA DATED NI; ANNEXURE 6: TRUE COPY OF THE PLAINT OS.NO.157/2016 ON THE FILE OF 1ST ADDTIONAL MUNISFF'S COURT, ERNAKULAM

ANNEXURE7: TRUE COPY OF THE TEMPORARY INJUNCTION ORDER

IN I.A.NO. 1056/2016 IN OS.NO.147/2016 OF MUNISIFF'S COURT ERNAKULAM-II, DATED 04.02.2016 ANNEXURE 8: TRUE COPY OF THE COMMISSION REPORT IN OS.NO.157/2016 ANNEXURE 9: TRUE COPY OF THE ORDER DISMISSING THE INJUNCTION APPLICATION IN I.A.NO.1056/2016 DATED 19/03/.2016 IN OS.NO.157/2016 ON THE CRL.MC NO. 5439 OF 2016 5 FILE OF 1ST ADDITIONAL MUNISIFF'S COURT (MUNISIFF'S-II), ERNAKULAM ANNEXURE 10: TRUE COPY OF THE SHOWING THE STAGE OF CONSTRUCTION OF THE BUILDING OF THE BUILDER AND THE HOUSE OF DEFACTO COMPLAINANT ANNEXUR 3: COPY OF THE AGREEMENT BETWEEN THE 2ND PETITIONER AND OTHER LAND OWNERS WITH THE BUILDER

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