Tolin vs State of Kerala

TOLIN vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 24, 2023

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https://sooperkanoon.com/case/1341879

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Citation: sooperkanoon.com/1341879
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Aug 24, 2023
Case Number: Crl.MC/1308/2015

Parties & Advocates

Appellant / Petitioner

TOLIN

Respondent

State of Kerala

Excerpt

.....for a periodof two months, the same was not extended thereafter. now the learned public prosecutor submitted that, as per the e-court status, the case itself is shown as 'contested and closed'. if that be the case, this criminal miscellaneous case need not be retained. therefore, this crl.m.c. is closed recording the above submission. sd/- p.v.kunhikrishnan dm judge appendix of crl.mc 1308/2015 petitioner annexuresannexure a1- true copy of the final report file in c.c.no. judicial 1st class magistrate court-ii, cherthala. annexure a2- true copy of the sale deed executed by thyagarajan and girija in favour of the petitioner dated 02-09-2013. annexure a3- true copy of the saled deed executed by sukumara das and kamlamma in favour of the petitioner dated 02-09-2013. annexure a4- true copy of the sale deed executed by vasudevan in favour of the petitioner dated 06-03-2013. annexure a5- true copy of the possession certificate pertaining to sy.no. 466/12/1 and 466/12 issued from the thanneermukkam thekku village dated 01-12-2014. annexure a6- true copy of the possession certificate pertaining to property in sy.no. 466/11, the thanneermukkam thekku village dated 18-07-2013. annexure a7- true copy of theorder passed by the districtcollector, alappuzhza dated 31- 03-2014. annexure a8- true copy of the summons in c.c.no. 551/2014 issued by the judicial first class magistrate court-ii, cherthala dated 15-05-2015. 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 THURSDAY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 CRL.MC NO. 1308 OF 2015 AGAINST THE ORDER/JUDGMENT CC 551/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA
PETITIONER/ACCUSED: TOLIN S/O. K.P.VARKEY, 7/654, KALAAMPARAMBIL HOUSE, KALADY P.O., ERNAKULAM-683574. BY ADV SRI.DINESH MATHEW J.MURICKEN RESPONDENT/COMPLAINANT: STATE OF KERALA THROUGH THE S.I. OF POLICE, MUHAMMA POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT MAYA M.N., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ Crl.M.C. No.1308 of 2015 ---------------------------------------------- Dated this the 24th day of August, 2023

ORDER

The above Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.551/2014 on the file of the Judicial First Class Magistrate Court- II, Cherthala.

2. Even though this Court passed a stay

order in the above case on 03.03.2015 for a period

of two months, the same was not extended thereafter. Now the learned Public Prosecutor submitted that, as per the e-court status, the case itself is shown as 'contested and closed'. If that be the case, this Criminal Miscellaneous Case need not be retained. Therefore, this Crl.M.C. is closed recording the above submission. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF CRL.MC 1308/2015 PETITIONER ANNEXURES

ANNEXURE A1- TRUE COPY OF THE FINAL REPORT FILE IN C.C.NO. JUDICIAL 1ST CLASS MAGISTRATE COURT-II, CHERTHALA. ANNEXURE A2- TRUE COPY OF THE SALE DEED EXECUTED BY THYAGARAJAN AND GIRIJA IN FAVOUR OF THE PETITIONER DATED 02-09-2013. ANNEXURE A3- TRUE COPY OF THE SALED DEED EXECUTED BY SUKUMARA DAS AND KAMLAMMA IN FAVOUR OF THE PETITIONER DATED 02-09-2013. ANNEXURE A4- TRUE COPY OF THE SALE DEED EXECUTED BY VASUDEVAN IN FAVOUR OF THE PETITIONER DATED 06-03-2013. ANNEXURE A5- TRUE COPY OF THE POSSESSION CERTIFICATE PERTAINING TO SY.NO. 466/12/1 AND 466/12 ISSUED FROM THE THANNEERMUKKAM THEKKU VILLAGE DATED 01-12-2014. ANNEXURE A6- TRUE COPY OF THE POSSESSION CERTIFICATE PERTAINING TO PROPERTY IN SY.NO. 466/11, THE THANNEERMUKKAM THEKKU VILLAGE DATED 18-07-2013. ANNEXURE A7- TRUE COPY OF THE

ORDER PASSED BY THE DISTRICT

COLLECTOR, ALAPPUZHZA DATED 31- 03-2014. ANNEXURE A8- TRUE COPY OF THE SUMMONS IN C.C.NO. 551/2014 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA DATED 15-05-2015. RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE

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