Dhanesh, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jul 26, 2024

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Citation: sooperkanoon.com/1322350
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 26, 2024
Case Number: Crl.MC/8952/2018

Parties & Advocates

Appellant / Petitioner

Dhanesh,

Respondent

State of Kerala,

Excerpt

.....the court on the same day passed the following:p.v.kunhikrishnan, j.----------------------------------------- crl. m.c. nos. 8280 of 2016 and 8952 of 2018 ----------------------------------------------------- dated this the 26th day of july, 2024orderthese two criminal miscellaneous cases are connected and therefore, i am disposing of these two cases by a common order.2. the petitioners in crl.mc no.8280/2016 arethe accused in c.c. no.591/2016 on the file of judicial first class magistrate court, vaikom. the petitioners in crl.mc no.8952/2018 are the accused in c.c. no.1260/2015 on the file of judicial first class magistrate court, vaikom itself. the petitioners in crl.mc 8280/2016 are the aggrieved party in crl.mc are the aggrieved party in crl.mc 8280/2016.3. heard the learned counsel appearing for the petitioners and the learned public prosecutor.4. after hearing the learned counsel for thepetitioners, i am of the considered opinion that the contentions raised in these criminal miscellaneous cases are to be raised before the trial court at the appropriate stage and this court cannot entertain an application under section 482 of cr.p.c. to quash the proceedings. the counsel for the petitioners submitted that, some of the petitioners are very aged persons and they are not in a position to appear before the trial court. if any application is filed for exemption, the learned magistrate will allow the same on condition that, they will appear before the court on days on which their presence is inevitable. with the above observation and leaving open all the contentions raised in these criminal miscellaneous cases to be agitated before the trial court at the appropriate stage, these criminal miscellaneous cases are disposed of. sd/- p.v.kunhikrishnan judge nvj appendix of crl.mc 8952/2018 petitioner annexures annexure i accused copy of the final report in c.c. no. 1260/2015 annexure ii true copy of the fir and final report in crime no. 2170/2015 appendix of crl.mc.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946 CRL.MC NO. 8280 OF 2016 CRIME NO.2170/2015 OF Vaikom Police Station, Kottayam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.591 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VAIKOM PETITIONERS/ACCUSED 1 & 2: 1 CHANDRASEKHARAN NAIR S/O KRISHNA PILLAI, AGED 75 YEARS,CHANDRAMANGALAM HOUSE, KULASEKHARAMANGALAM,VAIKOM - 686141. 2 KAMALAMMA W/O CHANDRASEKHARAN NAIR,AGED 68 YEARS, CHANDRAMANGALAM HOUSE, KULASEKHARAMANGALAM, VAIKOM-686141.
BY ADVS. SRI.JELSON J.EDAMPADAM SRI.C.Y.VINOD KUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, ERNAKULAM, KOCHI-31. 2 DHANESH KUMAR GIRIJA SADANAM, KULASEKHARAMANGALAM,VAIKOM-686141. BY ADVS. M.A.BABY T.S.BIJU BY ADV: SRI.NOUSHAD.K.A, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2024, ALONG WITH Crl.MC.8952/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946 CRL.MC NO. 8952 OF 2018 CRIME NO.2170/2015 OF Vaikom Police Station, Kottayam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1260 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VAIKOM PETITIONERS/ACCUSED NOS.1 TO 4:
1 DHANESH, AGED 37 YEARS S/O. APPUKKUTTAN, GIRIJA MANDIRAM, KOTTAYAM-686 608 2 BINU AGED 40 YEARS S/O. SUNDARAN, NALANDA HOUSE, KOTTAYAM, PIN-686 608 3 HARIKRISHNAN AGED 26 YEARS S/O. SASIKUMAR, KRISHNALAYAM, KOTTAYAM, PIN-686 608 4 SUNILKUMAR AGED 37 YEARS S/O. SASIDHARAN, YESHODA BHAVANAM, KOTTAYAM, PIN-686 608 BY ADVS. T.S.BIJU SRI.V.A.VINOD RESPONDENT/S: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031 2 CHANDRASEKHARAN NAIR
AGED 76 YEARS, S/O. KRISHNAPILLA, CHANDRAMANGALAM HOUSE, KULASEKHARAMANGALAM P.O, VAIKOM, KOTTAYAM, PIN-686 608 3 KAMALAMMA AGED 69 YEARS, W/O. CHANDRASEKHARAN NAIR, CHANDRAMANGALAM HOUSE, KULASEKHARAMANGALAM P.O, VAIKOM, KOTTAYAM, PIN-686 608 BY ADV.SRI. NOUSHAD K.A., SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2024, ALONG WITH Crl.MC.8280/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
----------------------------------------- Crl. M.C. Nos. 8280 of 2016 and 8952 of 2018 ----------------------------------------------------- Dated this the 26th day of July, 2024

ORDER

These two Criminal Miscellaneous Cases are connected and therefore, I am disposing of these two cases by a common order.

2. The petitioners in Crl.MC No.8280/2016 are

the accused in C.C. No.591/2016 on the file of Judicial First Class Magistrate Court, Vaikom. The petitioners in Crl.MC No.8952/2018 are the accused in C.C. No.1260/2015 on the file of Judicial First Class Magistrate Court, Vaikom itself. The petitioners in Crl.MC 8280/2016 are the aggrieved party in Crl.MC are the aggrieved party in Crl.MC 8280/2016.

3. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.

4. After hearing the learned counsel for the

petitioners, I am of the considered opinion that the contentions raised in these Criminal Miscellaneous Cases are to be raised before the trial court at the appropriate stage and this Court cannot entertain an application under Section 482 of Cr.P.C. to quash the proceedings. The counsel for the petitioners submitted that, some of the petitioners are very aged persons and they are not in a position to appear before the trial court. If any application is filed for exemption, the learned Magistrate will allow the same on condition that, they will appear before the court on days on which their presence is inevitable. With the above observation and leaving open all the contentions raised in these Criminal Miscellaneous Cases to be agitated before the trial court at the appropriate stage, these Criminal Miscellaneous Cases are disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 8952/2018 PETITIONER ANNEXURES ANNEXURE I ACCUSED COPY OF THE FINAL REPORT IN C.C. NO. 1260/2015 ANNEXURE II TRUE COPY OF THE FIR AND FINAL REPORT IN CRIME NO. 2170/2015 APPENDIX OF CRL.MC 8280/2016 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER DATED 9.4.2015 OF THE MUNSIFF'S COURT, VAIKOM IN IA NO.718/2015 IN OS NO.124/2015. ANNEXURE II TRUE COPY OF THE F.I.R IN CRIME NO.1505/2015 ON THE FILE OF THE VAIKOM POLICE STATION. ANNEXURE III CERTIFIED COPY OF THE PRIVATE

COMPLAINT DATED 20.11.2015 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE'S COURT, VAIKOM. ANNEXURE IV CERTIFIED COPY OF THE FIR IN CRIME NO.2170/2015 OF VAIKOM POLICE STATION. ANNEXURE V CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.591/2016 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT, VAIKOM. RESPONDENTDS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

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