V.Ganesh vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 05, 2024

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Citation: sooperkanoon.com/1290827
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Aug 05, 2024
Case Number: Crl.MC/6768/2016

Parties & Advocates

Appellant / Petitioner

V.Ganesh

Respondent

State of Kerala

Excerpt

.....6768/2016.) sri.sangeetharaj n.r., pp this criminal misc. case having come up for admission on 05.08.2024, the court on the same day passed the following:p.v.kunhikrishnan, j.-------------------------------- --------------------------------- dated this the 05th day of august, 2024orderthis criminal miscellaneous case is filed to quash the proceedings in c.c. no.933/2012 on the file of judicial first class magistrate court-ii, attingal.2. no interim order is passed in this case.now, as per the e-court service website, it is clear that a non-bailable warrant is issued to c.w. nos.1 to 3. that means, the trial is already started. if that be the case, this court need not interfere with the trial court proceedings. moreover, service to the 2nd respondent is also not complete. considering the facts and circumstances of the case, this criminal miscellaneous case is disposed of, leaving open all the contentions raised by the petitioner in this case. sd/- p.v.kunhikrishnan judge nvj appendix of crl.mc 6768/2016 petitioner annexures annexure a1 certified true copy of the first information report dated 15.02.2012. annexure a2 true copy of the certificate issued by the commercial tax officer,karamana, thiruvnanthapuram dated 15.12.2014. annexure a3 certified true copy of the finalreport of the sub inspector of police, kilimanoor police station, under section 173 crpc, dated 30.05.2012. respondents exhibits: nil //true copy// pa to judge

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. 6768 OF 2016 CRIME NO.141/2012 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.933 OF 2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONER/ACCUSED: V.GANESH AGED 57 YEARS S/O. VENKITESWARAN, NILAMANA ILLAM, THITTAMANGALAM, VATTIYOORKAVU, THIRUVANANTHAPURAM. SRI.C.M.STEPHEN RESPONDENT/PROSECUTION: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031. 2 ADDL. R2. AMBIKA DEVI D/O EASWARI DEVI, KULAPPALLY, NEELAMANA ILLAM, KILIMANOOR, THIRUVANANTHAPURAM-695 012. (IS IMPLEADED AS ADD. R2 AS PER THE ORDER DATED 05/12/2016 IN CRL M.A 12700/2016 IN CRL M.C 6768/2016.) SRI.SANGEETHARAJ N.R., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- --------------------------------- Dated this the 05th day of August, 2024

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.933/2012 on the file of Judicial First Class Magistrate Court-II, Attingal.

2. No interim order is passed in this case.

Now, as per the e-court service website, it is clear that a non-bailable warrant is issued to C.W. Nos.1 to 3. That means, the trial is already started. If that be the case, this Court need not interfere with the trial court proceedings. Moreover, service to the 2nd respondent is also not complete. Considering the facts and circumstances of the case, this Criminal Miscellaneous Case is disposed of, leaving open all the contentions raised by the petitioner in this case. Sd/- P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 6768/2016 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED TRUE COPY OF THE FIRST INFORMATION REPORT DATED 15.02.2012. ANNEXURE A2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER,KARAMANA, THIRUVNANTHAPURAM DATED 15.12.2014. ANNEXURE A3 CERTIFIED TRUE COPY OF THE FINAL

REPORT OF THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, UNDER SECTION 173 CRPC, DATED 30.05.2012. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

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