Full Judgment
CRL.MC NO. 8950 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 CRL.MC NO. 8950 OF 2023 CRIME NO.348/2022 OF Udayamperoor Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 519/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA PETITIONER/S: RAISON M A AGED 40 YEARS S/O AUGUSTINE M R, MUKKATH HOUSE, PUTHUVIPPE PO, ERNAKULAM-682598 PRESENTLY RESIDING AT MUKKATH HOUSE, VALLUVALLY, ATHANI, KOONAMMAVU PO, PIN - BY ADVS. APPU AJITH SHYNI DAS J.S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 SAJITHA MURALI AGED UNKNOWN, FATHERS NAME UNKNOWN, VARAMBATHARA HOUSE, UDAYAMPEROOR P O ERNAKULAM DISTRICT PINCODE 682307 CURRENTLY THE PRESIDENT UDAYAMPEROOR GRAMAPANCHAYATH, NADAKKAVU JUNCTION, UDAYAMPEROOR,ERNAKULAM, PIN - 682307 3 K J GEORGE AGED 69 YEARS S/O JOSEPH, VATTAKUNNEL HOUSE, KOOTHATTUKULAM PO CRL.MC NO. 8950 OF 2023 2 ERNAKULAM DISTRICT, PIN - 686662 OTHER PRESENT: SRI MP PRASANTH, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 8950 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- Crl.M.C. No.8950 of 2023 -------------------------------------- Dated this the 1st day of November, 2023
ORDER
This Crl.M.C. is filed to quash the proceedings in CC No. Tripunithura arising from Crime No. 348/22 of Udayamperoor Police Station. The above case is chargesheeted alleging offences punishable under Secs. 420 , 406 r/w 34 IPC.
2. Heard the counsel for the petitioner, the counsel for the 2nd respondent and the Public Prosecutor.
3. After hearing the counsel for the petitioner for some
time, I am of the considered opinion that the point raised by the petitioner in this Crl.M.C. is to be raised before the trial court by filing a discharge petition, if the charge is not framed. There can be a direction to consider the same without insisting CRL.MC NO. 8950 OF 2023 4 the presence of the petitioner. Therefore, this Crl.M.C. is disposed of with the following directions : 1) The petitioner is free to file discharge petition before the trial court within two 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 trial court will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this order. 3) If such a discharge petition is filed, the presence of the petitioner shall not be insisted till final orders are passed in the discharge petition. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS CRL.MC NO. 8950 OF 2023 5 APPENDIX OF CRL.MC 8950/2023 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 10/05/2022 Annexure 2 A TRUE COPY OF THE F I R IN CRIME NO 348 OF 2022 DATED 11.05.2022 BY THE UDAYAMPEROOR POLICE STATION Annexure 3 A TRUE COPY OF THE FINAL REPORT IN CRIME NUMBER 348/22 DATED 15.9.2022 ON THE FILE OF THE JFCM, THRIPUNITHURA