Bibin vs State of Kerala

BIBIN vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2024

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Citation: sooperkanoon.com/1290678
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 31, 2024
Case Number: Crl.MC/6602/2017

Parties & Advocates

Appellant / Petitioner

BIBIN

Respondent

State of Kerala

Excerpt

.....d/o. radha, mathalaksham veedu colony, vattavila ward, vembayam village, thiruvananthapuram district 695 001 other present: sri.sangeetharaj.n.r, pp this criminal misc. case having been finally heard on 31.07.2024, the court on the same day passed the following:p.v.kunhikrishnan, j.-------------------------------- crl.m.c. no.6602 of 2017 ---------------------------------------------- dated this the 31st day of july, 2024orderthis criminal miscellaneous case is filed to quash the proceedings in c.c.no.1357/2014 on the file of the judicial first class magistrate court-i, attingal, arising from crime no.562/2013 of pothencode police station. the above case is charge-sheeted alleging offences punishable under section 420 read with section 34 of the indian penal code. petitioner is the 2nd accused in the above case.2. this case is pending before this court from 2017onwards. no interim order is passed in this case. as per the e-courts service website, the trial in the case is already started and warrant issued to some of the charge witnesses. if that is the case, this criminal miscellaneous case need not be retained here. all the contentions raised in this case are left open and the petitioner is free to agitate the same before the trial court at the appropriate stage. with the above observation, this criminal miscellaneous case is disposed of. sd/- p.v.kunhikrishnan jv judge appendix of crl.mc 6602/2017 petitioner annexures annexure a1 true copy of the final report in cc magistrate court-i,attingal

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. 6602 OF 2017 CRIME NO.562/2013 OF Pothencode Police Station CC NO.1357/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS-, ATTINGAL PETITIONER/S: BIBIN AGED 24 YEARS, S/O. BOBAN, MATHALAKSHAM VEEDU COLONYVATTAVILA WARD, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT (SANTHWANAM, VALLAVETTIKONAM,PORUNTHAMON, PULIMATH VILLAGE, THIRUVANANTHAPURAM DISTRICT) BY ADV SRI.P.ANOOP (MULAVANA) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2 REMA AGED 45 YEARS, D/O. RADHA, MATHALAKSHAM VEEDU COLONY, VATTAVILA WARD, VEMBAYAM VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 001 OTHER PRESENT: SRI.SANGEETHARAJ.N.R, PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.6602 of 2017 ---------------------------------------------- Dated this the 31st day of July, 2024

ORDER

This criminal miscellaneous case is filed to quash the proceedings in C.C.No.1357/2014 on the file of the Judicial First Class Magistrate Court-I, Attingal, arising from Crime No.562/2013 of Pothencode Police Station. The above case is charge-sheeted alleging offences punishable under Section 420 read with Section 34 of the Indian Penal Code. Petitioner is the 2nd accused in the above case.

2. This case is pending before this Court from 2017

onwards. No interim order is passed in this case. As per the e-courts service website, the trial in the case is already started and warrant issued to some of the Charge Witnesses. If that is the case, this criminal miscellaneous case need not be retained here. All the contentions raised in this case are left open and the petitioner is free to agitate the same before the trial court at the appropriate stage. With the above observation, this criminal miscellaneous case is disposed of. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF CRL.MC 6602/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC MAGISTRATE COURT-I,ATTINGAL

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