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Bhadran vs State of Kerala

Bhadran vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 18, 2019
~3 min read
https://sooperkanoon.com/case/1920967

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(Crl.)/4608/2013

Parties & Advocates

Appellant / Petitioner

Bhadran

Respondent

State of Kerala

Excerpt

.....for r1 this op (criminal) having been finally heard on 18.09.2019, the court on the same day passed the following: -2-judgmentdated this the 18th day of september 2019 heard the learned counsel for the petitioner and the learned public prosecutor appearing for the state.2. this court as per order dated 11.11.2014 directed that the trial court can proceed with mc no.34/2012 and stayed the enforcement of the order made by the trial court in crl.mp no.525/2013 till furtherorders. in the impugned order at ext.p4, the petitioner herein was directed to execute a bond in view of the fact that there is prima facie evidence regarding execution of the deed in violation of the prohibitory orders of the court below. however, in view of the fact that the mc has been directed to be proceeded with, the matter whether there was any willful default on the part of the petitioner regarding disobedience of the order of the court can beexamined by the court below. till that time, no -3- coercive steps shall be taken against the petitioner. with these observations, the original petition is disposed of. sd/- ashok menon judge jg -4- appendix petitioner's exhibits exhibit p1 true copy of the order in crl.mp no.1801 of 2012 dated 13.2.2012 by the judicial first class magistrate court-iii, punalur. exhibit p2 true copy of the petition crl.mp no.525/2013 dated 9.1.2013 exhibit p3 true copy of the objection filed by the petitioner to the crl.mp no.525 of 2013 dated 23.3.2013. exhibit p4 true copy of the order in crl.mp no.525of 2013 in mc no.34 of 2012 dated 30.3.2013 by the judicial first class magistrate court ii, punalur. //true copy// jg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, OP(Crl.).No.4608 OF 2013(Q) AGAINST THE ORDER/JUDGMENT IN CMP NO.525/13 IN MC 34/2012 DATED 30-03-2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(FOREST OFFENCES),PUNALUR PETITIONER/S: BHADRAN SUB REGISTRAR, SUB REGISTRAR OFFICE, PATTAZHI, RESIDING AT : SARASIJAM, PERINAD, KOLLAM DISTRICT. BY ADVS. SRI.MANOJ RAMASWAMY SMT.JOLIMA GEORGE RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -31. 2 G. JALAJA KUMARI D/O. OMANA AMMA, ANUKKATHU VEEDU, PATTAZHI P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT - 691 552. 3 MOHANAKUMARAN NAIR S/O. GOPALAPILLAI, ANUKKATHUVEEDU, PATTAZHI P.O., KOLLAM DISTRICT - 691 552. 4 DEVAKI AMMA KALLARAVILA VEEDU, KANJIRAMKODU, MULAVANA - 691 503, KOLLAM DISTRICT. OTHER PRESENT: SRI.E.C.BINEESH-PP FOR R1 THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

JUDGMENT

Dated this the 18th day of September 2019 Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State.

2. This Court as per order dated 11.11.2014 directed that the trial court can proceed with MC No.34/2012 and stayed the enforcement of the order made by the trial court in Crl.MP No.525/2013 till further

orders. In the impugned order at Ext.P4, the petitioner herein was directed to execute a bond in view of the fact that there is prima facie evidence regarding execution of the deed in violation of the prohibitory orders of the court below. However, in view of the fact that the MC has been directed to be proceeded with, the matter whether there was any willful default on the part of the petitioner regarding disobedience of the order of the court can be

examined by the court below. Till that time, no -3- coercive steps shall be taken against the petitioner. With these observations, the Original Petition is disposed of. Sd/- ASHOK MENON JUDGE jg -4- APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER IN CRL.MP NO.1801 OF 2012 DATED 13.2.2012 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR. EXHIBIT P2 TRUE COPY OF THE PETITION CRL.MP NO.525/2013 DATED 9.1.2013 EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE CRL.MP NO.525 OF 2013 DATED 23.3.2013. EXHIBIT P4 TRUE COPY OF THE ORDER IN CRL.MP NO.525

OF 2013 IN MC NO.34 OF 2012 DATED 30.3.2013 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, PUNALUR. //TRUE COPY// jg

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Same Court & Year Kerala · 2019 Same Parties Bhadran vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon

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