Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 CRL.MC.NO.1808 OF 2020(E) CP 28/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, CRIME NO.737/2018 OF MALAYALAPUZHA POLICE STATION, PETITIONER: X BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: 1 ABHIRAJ, AGED 23 YEARS, S/O.AJI, NIRANILATH HOUSE, POTHEEPADU, MALAYALAPPUZHA, PATHANAMTHITTA DISTRICT, PIN - 689 653. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Dated this the 2nd day of March, 2020
ORDER
The main plea made by the petitioner in this Criminal
Miscellaneous Case filed under Sec.482 of the Cr.P.C. is that, the impugned Anx.B order dated 27.8.2019 rendered by this court in Crl.M.C. No.5800/2019 relating to quashment of impugned proceedings is vitiated by fraudulent misrepresentation of the petitioner, and the aspect of fraud is revealed from his subsequent conduct. In that regard it is pointed out that this Court has passed Anx.B final order dated 27.8.2019 in Crl.M.C. No.5800/2019 filed by R-1 herein (accused), whereby the impugned criminal proceedings for the offence of rape as per Sec.376 of the IPC, etc has been quashed by this Court on the ground that the accused therein had married the defacto complainant therein (petitioner herein). That, a week after the rendering of Anx.B final
order dated 27.8.2019, the petitioner therein/R-1 herein has taken blank
signed papers from the petitioner herein and has made fraudulently as if the petitioner herein has filed an original petition as O.P.No.1071/2019 before the Family Court, Pathanamthitta, seeking for reclamation that the marriage between the parties is a nullity, etc. That, the petitioner herein thereafter appeared before the Family Court, and had withdrawn the said Original
..3.. Petition, as per Anx.E order. Though the vital conduct of the 1st respondent herein is subsequent to Anx.B order dated 27.8.2019, the fact that he was having fraudulent intention all throughout, is clear from his subsequent conduct.
2. After hearing Sri.R.Bindu Sasthamangalam, learned
counsel appearing for the petitioner herein, and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the 2 nd respondent State of Kerala, this Court is of the considered view that it may not be very appropriate proper for this Court to consider such a plea for recalling of Anx.B order on the basis of this petition, which is independently filed under Sec.482 of the Cr.P.C., and it may be more appropriate and right for the petitioner to file an appropriate Criminal
Miscellaneous Application in the disposed Anx.B Crl.M.C. No.5800/2019, seeking for recall of impugned order dated 27.8.2019 on the ground of alleged fraud as afore stated.
3. The counsel for the petitioner would point out that leave
may be granted to the petitioner to withdraw this Crl.M.C. with liberty to file an appropriate Criminal Miscellaneous Application in the disposed Anx.B Crl.M.C. No.5800/2019, and that this Court may direct the Registry to return back the certified copies of Anxs.A & B. ..4..
4. Liberty is accorded to the petitioner to work out her
remedies in the manner known to law as aforestated. Further it is ordered that, the Registry will return back the certified copies of Anxs.A & B to the petitioner's counsel, if a request in that regard is made. However, the Registry will ensure that photocopies of those documents are kept in the original case file for the sake of completeness of records. With these observations and directions, the above Criminal Miscellaneous Case will stand dismissed as withdrawn. Sd/- ALEXANDER THOMAS, JUDGE MMG