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Jose vs State of Kerala

JOSE vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 07, 2021
~3 min read
https://sooperkanoon.com/case/1713404

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/5738/2020

Parties & Advocates

Appellant / Petitioner

JOSE

Respondent

State of Kerala

Excerpt

.....represented by his son faxon joseph (4th respondent) 4 marshal antony aged 46 years s/o antony albert, evergreen house, vtvra 48, t.c.32/329, kmochuveli tourist village, vettukadu ward, kadakampally village, thiruvananthapuram disrict, pin code 695 021. 5 rubans joseph aged 58 years s/o joseph fernandez, reena cottage, valiaveli, thiruvananthapuram district, pin code-695 581. r2, r5 by adv. biju varghese abrahamother present: pp m.r.dhanil this criminal misc. case having come up for admission on 07.04.2021, the court on the same day passed the following:orderdated this the 7th day of april 2021the prayer in this criminal m.c. is to quash further proceedings in s.c.no.1084/2013 on the files of the principal assistant sessions court, thiruvananthapuram, wherein the petitioners figures as accused nos. 1 to 8. the offences alleged are those punishable under sections 143, 147, 148, 149, 294(b), 323, 324, 326, 427 & 308 of i.p.c.2. the prayer for quashing the proceedings isfounded on a settlement arrived at between the petitioners and the injured persons. the offences alleged being under sections 326 & 308 and the learned public prosecutor having reported that the petitioners have criminal antecedents, i am not inclined to quash the proceedings based on the settlement.3. learned counsel for the petitioners submits that the case has been pending from 2013 onwards, and substantial prejudice is being caused to the accused in their search for employment due to the pendency.4. i find substance in the said submission andhence, the principal assistant sessions judge, thiruvananthapuram, is directed to take earnest and sincere efforts to dispose s.c.no.1084/2013 as expeditiously as possible. the criminal m.c. is disposed of with the above observation. sd/- v.g.arun judgenb/07.04.2021 appendix petitioner's exhibits: annexure a certified copy of the final report in crime no 764/2012 of thumba police station annexure b affidavit executed by the 2nd.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943 Crl.MC.No.5738 OF 2020(F) AGAINST THE ORDER/JUDGMENT IN SC 1084/2013 OF PRINCIPAL SUB COURT,TRIVANDRUM CRIME NO.764/2012 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/A1 TO A8:

1 JOSE AGED 43 YEARS 2 EDISON, AGED 38 YEARS 3 JUDE @ PRASHANTH, AGED 33 YEARS S/O MICHAEL, THYVILAKOM HOUSE, SOUTH THUMBA, 4 STEPHEN, AGED 55 YEARS S/O JUSAKORA, KUZHIVILAKOM HOUSE, VALIAVELI, 5 BAIJU, AGED 32 YEARS 6 BEN, AGED 28 YEARS S/O BABU, THYVILAKOM HOUSE, SOUTH THUMBA, 7 STALIN, AGED 43 YEARS S/O KOCHAPPAN, THYVILAKOM HOUSE, SOUTH THUMBA, 8 SHAIJU, AGED 26 YEARS S/O BABU, THYVILAKOM HOUSE, SOUTH THUMBA, BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENTS/STATE, CW1 TO CW4:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALAL, ERNAKULAM 2 FAXON JOSEPH AGED 42 YEARS S/O JOSEPH FERNANDEZ, JESUS DALE, KALLUMMOODU, ANAYARA DESOM, PETTAH VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 024. 3 ANTONY ALBERT S/O ALBERT, EVERGREEN HOUSE, VTVRA 48, TC 32/329, KOCHUVELI TOURIST VILLAGE, VETTUCADU WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT (DIED ON 14.12.2019) REPRESENTED BY HIS SON FAXON JOSEPH (4TH RESPONDENT) 4 MARSHAL ANTONY AGED 46 YEARS S/O ANTONY ALBERT, EVERGREEN HOUSE, VTVRA 48, T.C.32/329, KMOCHUVELI TOURIST VILLAGE, VETTUKADU WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISRICT, PIN CODE 695 021. 5 RUBANS JOSEPH AGED 58 YEARS S/O JOSEPH FERNANDEZ, REENA COTTAGE, VALIAVELI, THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 581. R2, R5 BY ADV. BIJU VARGHESE ABRAHAM

OTHER PRESENT: PP M.R.DHANIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 7th day of April 2021

The prayer in this Criminal M.C. is to quash further proceedings in S.C.No.1084/2013 on the files of the Principal Assistant Sessions Court, Thiruvananthapuram, wherein the petitioners figures as accused Nos. 1 to 8. The offences alleged are those punishable under Sections 143, 147, 148, 149, 294(b), 323, 324, 326, 427 & 308 of I.P.C.

2. The prayer for quashing the proceedings is

founded on a settlement arrived at between the petitioners and the injured persons. The offences alleged being under Sections 326 & 308 and the learned Public Prosecutor having reported that the petitioners have criminal antecedents, I am not inclined to quash the proceedings based on the settlement.

3. Learned Counsel for the petitioners submits that the case has been pending from 2013 onwards, and substantial prejudice is being caused to the accused in their search for employment due to the pendency.

4. I find substance in the said submission and

hence, the Principal Assistant Sessions Judge, Thiruvananthapuram, is directed to take earnest and sincere efforts to dispose S.C.No.1084/2013 as expeditiously as possible. The Criminal M.C. is disposed of with the above observation. Sd/- V.G.ARUN JUDGE

NB/07.04.2021 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 764/2012 OF THUMBA POLICE STATION ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1 ANNEXURE C AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT/CW3 ANNEXURE D AFFIDAVIT EXECUTED BY THE 5TH RESPONDENT/CW4 RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE

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