Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944 CRIME NO.1832 OF 2018 OF KUNDARA POLICE STATION, KOLLAM DISTRICT, PENDING AS CP 78/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONERS/ACCUSED 1 TO 5: 1 STALIN AGED 31 YEARS S/O. VINCENT, MAPPILAPOIKA CHARUVILA VEEDU, PERAYAM CHERRY, PERAYAM VILLAGE, 2 SOBHA,W/O/NIKIL AGED 34 YEARS MOOLAPARAMBIL VEEDU, KUMARAKOM VILLAGE, KOTTAYAM. 3 NIKHIL,S/O.JOY AGED 41 YEARS MOOLAPARAMBIL VEEDU, KUMARAKOM VILLAGE, KOTTAYAM 4 VINCENT, AGED 69 YEARS S/O. SEBASTIAN, MAPPILAPOIKA CHARUVILA VEEDU, PERAYAM CHERRY, PERAYAM VILLAGE, KUNDARA, KOLLAM. 5 MENTAS, AGED 73 YEARS S/O. SEBASTIAN, NEDIVULA, THEKKETHIL VEEDU, KARIKUZHY, PERAYAM CHERRY, PERAYAM VILLAGE, BY ADV B.MOHANLAL RESPONDENTS/COMPLAINANT: 1 STATE REPRESENTED BY THE STATION HOUSE OFFICER, KUNDARA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 SMT. SHERLY EDWARD, AGED 47 YEARS D/O. STELLA, CHARUVILA VEEDU, MAPPILAPOIKA, PERAYAM CHERRY, PERAYAM VILLAGE, KUNDARA P.O, KOLLAM 691 301 BY ADV SRI.SUNNY XAVIER SRI P G MANU-SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This is an application to quash all further proceedings in Crime No.1832 of 2018 of Kundara Police Station, Kollam District, pending as C.P.No.78 of 2018 on the file of the Judicial First Class Magistrate Court-I, Kollam.
2. Having heard Sri.B.Mohan Lal, the learned counsel
for the petitioners and Sri.P.G.Manu, the learned Senior Public Prosecutor, I am of the view that this Crl.M.C can be disposed of giving liberty to the petitioners to move an application for discharge at the court below. The application, if any, filed shall be disposed of by the court below in accordance with law after hearing both sides. The petitioners are free to take up all the contentions raised in this Crl.M.C in the application for discharge. This Crl.M.C is disposed of as above. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF CRL.MC 2872/2019 PETITIONERS' ANNEXURES: ANNEXURE A1 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1832/2018 OF KUNDARA POLICE STATION IN KOLLAM DISTRICT ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 18332/2018 OF KUNDARA POLICE STATION IN KOLLAM DISTRICT PENDING AS C.P NO. 78/2018 OF THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOLLAM ANNEXURE A3 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1833/2018 OF KUNDARA POLICE STATION IN KOLLAM DISTRICT. ANNEXURE A4 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1833/2018 OF KUNDARA POLICE STATION IN KOLLAM DISTRICT PENDING AS C.C NO. 1641/2018 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOLLAM.