Stephen Bernard vs the State of Kerala, Represented by the Public Prosecutor

Stephen Bernard vs The State of Kerala, Represented by the Public Prosecutor

Type Court Judgment Court Kerala Decided Aug 17, 2023

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https://sooperkanoon.com/case/1383469

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Citation: sooperkanoon.com/1383469
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Aug 17, 2023
Case Number: Crl.MC/6681/2023

Parties & Advocates

Appellant / Petitioner

Stephen Bernard

Respondent

The State of Kerala, Represented by the Public Prosecutor

Excerpt

.....seeking a direction to the district and sessions court-i, ernakulam, to consider and dispose of annexure -v petition filed under section 65 of the cr.p.c. for service of notice to the 2nd respondent by affixture and annexure -vi for substituted service of notice by paper publication.2. heard the learned public prosecutor.3. in view of the nature of the order that i propose to pass, notice tothe party respondent is dispensed with. having regard to the facts and circumstances, the submissions made across the bar and without expressing any opinion on the merits of the applications, this petition is disposed of directing the learned district and sessions judge - i, ernakulam, to take up and consider annexures v and vi and pass appropriate orders expeditiously, in any event, within a period of 3 weeks from the date of receipt of a copy of this order. sd/- raja vijayaraghavan v., judge ns appendix of crl.mc 6681/2023 petitioner annexures : annexure 1 the copy of the judgment dated 29.05.2019 in st no. 1256/2009 of the chief judicial annexure -ii the copy of the appeal memorandum dated 24.11.2022 filed against the judgment in st no. 1256/2009 of the chief judicial annexure -iii the copy of the crl. mp no. 3639/2022dated 25.11.2022 for condonation of delay filed in criminal appeal no.404/2022 before the district and sessions court-1, annexure -iv the copy of the crl. mp no. 3640/2022 for suspension of sentence filed in criminal and sessions court-1, ernakulam annexure -v the copy of crl. mp no. 1273 of 2023 filed by the petitioner in criminal and sessions court-1, ernakulam dated march, 2023 annexure -vi the copy of crl. mp no. 681 of 2023 dated 15.2.2022 filed by the petitioner in criminal appeal no. 404/2022 before the district and sessions court-1, ernakulam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 17TH DAY OF AUGUST 2023 / 26TH SRAVANA, 1945 CRL.MC NO. 6681 OF 2023 AGAINST ST NO.1256/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, CRIMINAL APPEAL NO.404/2022 OF DISTRICT COURT & SESSIONS COURT-I, ERNAKULAM
PETITIONER/APPELLANT/ACCUSED : STEPHEN BERNARD AGED 72 YEARS S/O VARGHESE STEPHEN, 230/231, MASTERMIND IV, ROYAL PALMS ESTATE, SURVEY NO- 169, PART, AAREY MILK COLONY, GOREGAON (EAST), MUMBAI, MAHARASHTRA, PIN - 400063 BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS TOM E. JACOB ATHUL V. VADAKKEDOM RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 M. J. JOSEPH AGED 52 YEARS, S/O. THOMAS JOSEPH, FLAT NO.-7D, GOKULAM AMRUT RETREAT, K. P. VALLOM ROAD, KADAVANTHRA, KOCHI, PIN - 682020 BY SRI.VIPIN NARAYAN, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner herein has approached this Court seeking a direction to the District and Sessions Court-I, Ernakulam, to consider and dispose of Annexure -V petition filed under Section 65 of the Cr.P.C. for service of notice to the 2nd respondent by affixture and Annexure -VI for substituted service of notice by paper publication.

2. Heard the learned Public Prosecutor.

3. In view of the nature of the order that I propose to pass, notice to

the party respondent is dispensed with. Having regard to the facts and circumstances, the submissions made across the Bar and without expressing any opinion on the merits of the applications, this petition is disposed of directing the learned District and Sessions Judge - I, Ernakulam, to take up and consider Annexures V and VI and pass appropriate orders expeditiously, in any event, within a period of 3 weeks from the date of receipt of a copy of this order. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE NS APPENDIX OF CRL.MC 6681/2023 PETITIONER ANNEXURES : Annexure 1 THE COPY OF THE JUDGMENT DATED 29.05.2019 IN ST NO. 1256/2009 OF THE CHIEF JUDICIAL Annexure -II THE COPY OF THE APPEAL MEMORANDUM DATED 24.11.2022 FILED AGAINST THE JUDGMENT IN ST NO. 1256/2009 OF THE CHIEF JUDICIAL Annexure -III THE COPY OF THE CRL. MP NO. 3639/2022

DATED 25.11.2022 FOR CONDONATION OF DELAY FILED IN CRIMINAL APPEAL NO.404/2022 BEFORE THE DISTRICT AND SESSIONS COURT-1, Annexure -IV THE COPY OF THE CRL. MP NO. 3640/2022 FOR SUSPENSION OF SENTENCE FILED IN CRIMINAL AND SESSIONS COURT-1, ERNAKULAM Annexure -V THE COPY OF CRL. MP NO. 1273 OF 2023 FILED BY THE PETITIONER IN CRIMINAL AND SESSIONS COURT-1, ERNAKULAM DATED MARCH, 2023 Annexure -VI THE COPY OF CRL. MP NO. 681 OF 2023 DATED 15.2.2022 FILED BY THE PETITIONER IN CRIMINAL APPEAL NO. 404/2022 BEFORE THE DISTRICT AND SESSIONS COURT-1, ERNAKULAM

Same Court & Year Kerala · 2023 Same Parties Stephen Bernard vs The State of Kerala, Represented by the Pu... Same Judge Honourable Mr. Justice Raja Vijayaraghavan V