Sujesh Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 03, 2023

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Citation: sooperkanoon.com/1341748
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 03, 2023
Case Number: Crl.MC/60/2013

Parties & Advocates

Appellant / Petitioner

Sujesh Kumar

Respondent

State of Kerala

Excerpt

.....the accused in c.c.no.208/2011 on the files of the chief judicial magistrate court, thiruvananthapuram arising from crime no.677/2009 of museum police station. above case is charge sheeted against the petitioners alleging offences punishable under sections 406, 420, 468 and 471 r/w section 34 ipc.2. the learned senior counsel sri.k.ramkumarinstructed by his instructing counsel argued the matter in detail and submitted that even if the entire allegations are accepted, no criminal offence is made out against the petitioners.3. after hearing the senior counsel for the petitionersfor some times, i am of the opinion that this is a matter which is to be raised before the trial court by filing a discharge petition, if the charge is not framed. all the contentions raised by the petitioners in this crl.mc can be raised before the learned magistrate so that the learned magistrate can decide the matter in accordance with law. the presence of the petitioner need not be insisted, if any discharge petition is filed by the petitioners. therefore, this criminal miscellaneous case is disposed of with the following directions:1) the petitioners are free to file a discharge petition before the jurisdictional court within three weeks from the date of receipt of a certified copy of this order (if charge is not framed). 2) once such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the prosecutor concerned, in accordance with law, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the discharge petition. 3) till final orders are passed in the discharge petition, if the same is filed as directed above, the presence of the petitioners shall not be insisted.sd/- judge bng appendix of crl.mc 60/2013 petitioner annexures annexure a copy of the complaint filed by the 2nd respondent along with fir dated 30.10.2009 registered by.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945 CRL.MC NO. 60 OF 2013 AGAINST THE ORDER/JUDGMENT IN CC 208/2011 OF CHIEF JUDICIAL MAGISTRATE ,THIRUVANANTHAPURAM/ SPECIAL COURT FOR TRIAL OF CYBER CRIME
PETITIONERS/ACCUSED 2 & 3: 1 SUJESH KUMAR S/O.PARAMESWARAN, KGRA 84, IST FLOOR, KALLUMMOODU GARDESN, ANAYARA, PETTA, THIRUVANANTHAPURAM. 2 KALYANIKUTTY LATHA W/O.PARAMESWARAN, KGRA 84, IST FLOOR, KALLUMMOODU GARDENS, ANAYARA, PETTA, THIRUVANANTHAPURAM. SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SMT.SMITHA GEORGE RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. 2 DR. ARUN KUMAR S/O.ADV. ANADIYIL V.P SREENIVASAN, AANADIYIL, THEKKEMMOODU, THIRUVANANTHAPURAM 695 544.

PUBLIC PROSECUTOR GOPAKUMAR R.THALIYAL SRI.PIRAPPANCODE V.S.SUDHIR C.M.EMMANUEL(K/1091/1998) OTHER PRESENT: M.P PRASANTH PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: --------------------- --------------------------- Dated this the 3rd day of October, 2023

ORDER

The petitioners are the accused in C.C.No.208/2011 on the files of the Chief Judicial Magistrate Court, Thiruvananthapuram arising from Crime No.677/2009 of Museum Police Station. Above case is charge sheeted against the petitioners alleging offences punishable under Sections 406, 420, 468 and 471 r/w Section 34 IPC.

2. The learned Senior Counsel Sri.K.Ramkumar

instructed by his instructing counsel argued the matter in detail and submitted that even if the entire allegations are accepted, no criminal offence is made out against the petitioners.

3. After hearing the Senior counsel for the petitioners

for some times, I am of the opinion that this is a matter which is to be raised before the trial court by filing a discharge petition, if the charge is not framed. All the contentions raised by the petitioners in this Crl.MC can be raised before the learned Magistrate so that the learned Magistrate can decide the matter in accordance with law. The presence of the petitioner need not be insisted, if any discharge petition is filed by the petitioners. Therefore, this Criminal Miscellaneous Case is disposed of with the following directions:

1) The petitioners are free to file a discharge petition before the jurisdictional court within three weeks from the date of receipt of a certified copy of this order (if charge is not framed). 2) Once such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the prosecutor concerned, in accordance with law, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the discharge petition. 3) Till final orders are passed in the discharge petition, if the same is filed as directed above, the presence of the petitioners shall not be insisted.

Sd/- JUDGE bng APPENDIX OF CRL.MC 60/2013 PETITIONER ANNEXURES Annexure A COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT ALONG WITH FIR DATED 30.10.2009 REGISTERED BY THE MUSEUM POLICE STATION Annexure B COPY OF THE FINAL REPORT DATED 22.09.2011 Annexure C COPY OF THE PARTNERSHIP DEED DATED 14.5.2004 ENTERED BETWEEN THE FIRST ACCUSED AND OTHERS

Same Court & Year Kerala · 2023 Same Parties Sujesh Kumar vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan