Sadanandan vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 05, 2024

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Citation: sooperkanoon.com/1290807
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Aug 05, 2024
Case Number: Crl.MC/7273/2015

Parties & Advocates

Appellant / Petitioner

Sadanandan

Respondent

State of Kerala

Excerpt

.....been finally heard on 05.08.2024, the court on the same day passed the following:p.v.kunhikrishnan, j.-------------------------------- crl.m.c. no.7273 of 2015 ---------------------------------------------- dated this the 05th day of august, 2024orderthis criminal miscellaneous case is filed to quash the proceedings in c.p. no.33/2015 on the file of the judicial first class magistrate court-i, n.paravur, arising from crime no.550/2013 of n.paravur police station.2. when this criminal miscellaneous case came up forconsideration, this court directed the registry to get a report about the present stage of the case. the judicial first class magistrate court-i, n.paravur submitted a report stating that the case is already committed to the sessions court on 24.07.2019. the sessions court submitted a report stating that accused nos.1, 2 and 4 filed discharge petitions and the same is pending as crl.m.p. nos.65/2020 and 115/2021. the case is posted for hearing these discharge petitions on 11.10.2024.3. if that is the case, this court need not interferewith the proceedings pending before the trial court. all the contentions raised by the petitioners in this case are left open and the petitioners are free to raise the same before the trial court in the discharge petitions 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 7273/2015 petitioner annexuresannexure a true copy of fir no 550/13 of n.paravoor police dated 26-03-2013 annexure b true copy of protest complaint annexure c true copy of judgment in os no 291/09 of the munsiff court n. paravur dated 25-09-12 annexure d true copy of judgment in as no 78/14 of additional sub-court n.paravoor dated 3`1-3-2015 annexure e true copy of plaint in os no 291/09 dated 25-06-2009respondents’ exhibits r2(a) true copy of the proof affidavit filed by the 1st petitioner in os no. 291/2009 munsiff court, r2(b) true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 5TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 CRL.MC NO. 7273 OF 2015 CRIME NO.550/2013 OF North Paravur Police Station, Ernakulam CP NO.33 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, PETITIONERS/ACCUSED: 1 SADANANDAN AGED 60 YEARS, S/O. SADASIVAN, THARASSIL HOUSE, PURUMBADANNA P.O, N. PARAVUR 2 SREEKUMAR AGED 40 YEARS S/O. SADANANDAN,THARASSIL HOUSE, PURUMBADANNA P.O, N. PARAVUR BY ADV SRI.V.A.VINOD RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA THROUGH STATION HOUSE OFFICER, N.PARAVOOR POLICE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 ANAGHA VIPIN AGED 28 YEARS W/O. VIPIN, POOKUDY PARAMBU VEEDU, KARUMALOOR KARA, KARUMALOOR VILLAGE,KARUMALOOR P.O PIN 683511 BY ADVS.SRI.RENJITH T.R, SR.PP SRI.E.NARAYANAN SMT.K.K.PREETHA

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

-------------------------------- Crl.M.C. No.7273 of 2015 ---------------------------------------------- Dated this the 05th day of August, 2024

ORDER

This criminal miscellaneous case is filed to quash the proceedings in C.P. No.33/2015 on the file of the Judicial First Class Magistrate Court-I, N.Paravur, arising from Crime No.550/2013 of N.Paravur Police Station.

2. When this criminal miscellaneous case came up for

consideration, this Court directed the Registry to get a report about the present stage of the case. The Judicial First Class Magistrate Court-I, N.Paravur submitted a report stating that the case is already committed to the Sessions Court on 24.07.2019. The Sessions Court submitted a report stating that accused Nos.1, 2 and 4 filed discharge petitions and the same is pending as Crl.M.P. Nos.65/2020 and 115/2021. The case is posted for hearing these discharge petitions on 11.10.2024.

3. If that is the case, this Court need not interfere

with the proceedings pending before the trial court. All the contentions raised by the petitioners in this case are left open and the petitioners are free to raise the same before the trial court in the discharge petitions 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 7273/2015 PETITIONER ANNEXURES

ANNEXURE A TRUE COPY OF FIR NO 550/13 OF N.PARAVOOR POLICE DATED 26-03-2013 ANNEXURE B TRUE COPY OF PROTEST COMPLAINT ANNEXURE C TRUE COPY OF JUDGMENT IN OS NO 291/09 OF THE MUNSIFF COURT N. PARAVUR DATED 25-09-12 ANNEXURE D TRUE COPY OF JUDGMENT IN AS NO 78/14 OF ADDITIONAL SUB-COURT N.PARAVOOR DATED 3`1-3-2015 ANNEXURE E TRUE COPY OF PLAINT IN OS NO 291/09 DATED 25-06-2009

RESPONDENTS’ EXHIBITS R2(A) TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE 1ST PETITIONER IN OS NO. 291/2009 MUNSIFF COURT, R2(B) TRUE COPY OF THE COMMISSION REPORT ALONG WITH THE ROUGH SKETCH IN OS NO. 291/2009 MUNSIFF COURT, R2(C) TRUE COPY OF THE DEPOSITION OF THE ADVOCATE COMMISSIONER IN MP NO. 2673/13 BEFORE THE MAGISTRATE COURT. R2(D) TRUE COPY OF THE PRINT OUT OF GOOGLE EARTH 2005 R2(E) TRUE COPY OF THE PRINT OUT OF GOOGLE EARTH 2013 R2(F) TRUE COPY OF THE REPORT OF THE SUB INSPECTOR OF FISHERIES OBTAINED UNDER THE RIGHT TO INFORMATION ACT

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