Brown vs State of Kerala

BROWN vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 17, 2023

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https://sooperkanoon.com/case/1342062

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Citation: sooperkanoon.com/1342062
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 17, 2023
Case Number: Crl.MC/1655/2023

Parties & Advocates

Appellant / Petitioner

BROWN

Respondent

State of Kerala

Excerpt

.....procedure, 1973 (“the code” for the sake of brevity).2. petitioner is the accused in s.c.no.771/2010 on thefile of the assistant sessions judge, thiruvananthapuram, arising from crime no.356/1989 of varkala police station. the above case is charge-sheeted alleging offences punishable under sections 454, 395 and 427 of the indian penal code.3. this criminal miscellaneous case is filed to quashthe proceedings in the light of the fact that the co-accused were already acquitted and the substratum of the prosecution case is last because of the acquittal of the co-accused.4. after hearing the counsel for the petitioner forsometime, i am of the considered opinion that the petitioner has to approach the trial court by filing a discharge petition, if charge is not framed. if such a discharge petition is filed, the trial court will consider the same in the light of annexure-a2judgment.therefore, this criminal miscellaneous case is disposed of in the following manner:1. the petitioner is free to file a discharge petition before the trial court, within three weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed.2. once such a discharge petition isreceived, the trial court will consider the same and pass appropriate orders in it, in the light of annexure-a2 judgment, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the discharge petition. sd/- p.v.kunhikrishnan jv judge appendix of crl.mc 1655/2023 petitioner annexures annexure a1 the certified copy of the final report/charge sheet in crime no: 356 of 1989 of varkala police stationannexure a2 the certified copy of the judgmentdated 11.04.1997 in s.c. no: 30 of 1994 passed by the court of court of principal assistant sessions judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945 CRL.MC NO. 1655 OF 2023 CRIME NO.356/1989 OF Varkala Police Station, SC 771/2010 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, PETITIONER/8TH ACCUSED: BROWN S/O GANGADHARAN, RESIDING AT CHARUVILA VEEDU, KANNUVARAM, ATTINGAL, CHITTANIKKARA DESOM, THIRUVANANTHAPURAM DISTRICT,, PIN - 695101 BY ADVS. J.R.PREM NAVAZ S.DILEEP SATHYAN SUMEEN S. O.MOHAMED BASIL KOYA THANGAL MUHAMMED SWADIQ RESPONDENT/STATE: STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHIN, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.SREEJA V THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.1655 of 2023 ---------------------------------------------- Dated this the 17th day of October, 2023

ORDER

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. Petitioner is the accused in S.C.No.771/2010 on the

file of the Assistant Sessions Judge, Thiruvananthapuram, arising from Crime No.356/1989 of Varkala Police Station. The above case is charge-sheeted alleging offences punishable under Sections 454, 395 and 427 of the Indian Penal Code.

3. This criminal miscellaneous case is filed to quash

the proceedings in the light of the fact that the co-accused were already acquitted and the substratum of the prosecution case is last because of the acquittal of the co-accused.

4. After hearing the counsel for the petitioner for

sometime, I am of the considered opinion that the petitioner has to approach the trial court by filing a discharge petition, if charge is not framed. If such a discharge petition is filed, the trial court will consider the same in the light of Annexure-A2

judgment.

Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:

1. The petitioner is free to file a discharge petition before the trial court, within three weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed.

2. Once such a discharge petition is

received, the trial court will consider the same and pass appropriate orders in it, in the light of Annexure-A2 judgment, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the discharge petition. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF CRL.MC 1655/2023 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO: 356 OF 1989 OF VARKALA POLICE STATION

Annexure A2 THE CERTIFIED COPY OF THE JUDGMENT

DATED 11.04.1997 IN S.C. NO: 30 OF 1994 PASSED BY THE COURT OF COURT OF PRINCIPAL ASSISTANT SESSIONS JUDGE

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