Ummerkoya, vs the State of Kerala,

Ummerkoya, vs The State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jan 22, 2019

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https://sooperkanoon.com/case/1853014

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Citation: sooperkanoon.com/1853014
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Jan 22, 2019
Case Number: Crl.MC/507/2019

Parties & Advocates

Appellant / Petitioner

Ummerkoya,

Respondent

The State of Kerala,

Excerpt

.....case having come up for admission on 22.01.2019, the court on the same day passed the following: crl.mc.no. 507 of 2019 2orderheard the learned counsel appearing for the petitioner and the learned public prosecutor.2. it appears that the challenge is essentially against the orderpassed by the learned magistrate arraigning the petitioner herein as an accused in the course of trial, invoking the power under section 319 of the cr.p.c. however, it appears that the petitioner has not produced the copy of the order passed by the learned magistrate. without considering the said order, it would not be possible for this court to consider the various contentions which are now raised by the learned counsel.without prejudice to the right of the petitioner herein to challenge the order, which is impugned under section 319 of cr.p.c., this petition is dismissed. sd/- raja vijayaraghavan v., judge dsv/- //true copy// p.a. to judge crl.mc.no. 507 of 2019 3 appendix petitioner's/s exhibits: annexure a true copy of the f.i.r and f.i.s. in crime no.552/2014 of wandoor police station dated 8.12.2014. annexure b true copy of the final report in crime no.552/2014 of wandoor police station annexure c true copy of the wound certificate dated 8.12.2014 issued from community health center, wandoor. annexure d true copy of the deposition of pw1 in cc.2/2015 on the files j.f.c.m.-i, perinthalmanna. respondent's/s exhibits: nil //true copy// p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940 Crl.MC.No. 507 of 2019 CC 2/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA CRIME NO. 552/2014 OF Wandoor Police Station, Malappuram PETITIONER/ACCUSED NO.3: UMMERKOYA, AGED 45 YEARS, THALAKOTUPURATH, PUNNPALA, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAKESH RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2 AYSHABI, W/O ALAVIKUTTY, AYYANIYIL HOUSE, PUNNAPALA, KALLAMPALI, WANDOOR, MALAPPURAM DISTRICT-679328. SRI T R RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 507 of 2019 2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

2. It appears that the challenge is essentially against the order

passed by the learned Magistrate arraigning the petitioner herein as an accused in the course of trial, invoking the power under Section 319 of the Cr.P.C. However, it appears that the petitioner has not produced the copy of the order passed by the learned Magistrate. Without considering the said order, it would not be possible for this Court to consider the various contentions which are now raised by the learned counsel.

Without prejudice to the right of the petitioner herein to challenge the order, which is impugned under Section 319 of Cr.P.C., this petition is dismissed. SD/- RAJA VIJAYARAGHAVAN V., JUDGE DSV/- //TRUE COPY// P.A. TO JUDGE Crl.MC.No. 507 of 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE F.I.R AND F.I.S. IN CRIME NO.552/2014 OF WANDOOR POLICE STATION DATED 8.12.2014. ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO.552/2014 OF WANDOOR POLICE STATION ANNEXURE C TRUE COPY OF THE WOUND CERTIFICATE DATED 8.12.2014 ISSUED FROM COMMUNITY HEALTH CENTER, WANDOOR. ANNEXURE D TRUE COPY OF THE DEPOSITION OF PW1 IN CC.2/2015 ON THE FILES J.F.C.M.-I, PERINTHALMANNA. RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE

Same Court & Year Kerala Orders · 2019 Same Parties Ummerkoya, vs The State of Kerala, Same Judge Honourable Mr. Justice Raja Vijayaraghavan V