Pradeep vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1290635
CourtKerala High Court
Decided OnJul-31-2024
Case NumberCrl.MC/6443/2017
JudgeHonourable Mr. Justice P.V.Kunhikrishnan
AppellantPradeep
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan wednesday, the 31st day of july 2024 / 9th sravana, 1946 crl.mc no. 6443 of 2017 crime no.1670/2016 of anchalummoodu police station, kollam against the order/judgment dated in cc no.2000 of 2016 of judicial magistrate of first class -i, kollam petitioner/accused nos.4: pradeep plavila karikkal veedu, neeravil cheriyil, thrikadavoor village, kollam. by adv sri.r.kishore (kallumthazham) respondents/complainant:1 state of kerala represented by the public prosecutor, high court of kerala, ernakulam. 2 the inspector of police anchalumoodu, kollam, pin-689001 3 dhanya aged 24 years, pranavam veedu, neeravil cheriyil, thrikadavoor, kollam, pin - 689 001.other present: sri.renjith.t.r, sr.pp this criminal misc. case having come up for admission on 31.07.2024, the court on the same day passed the following: crl.m.c. no.6443 of 2017 2p.v.kunhikrishnan, j.---------------------------------- crl.m.c. no.6443 of 2017 ----------------------------------------------------- dated this the 31st day of july, 2024orderthis criminal miscellaneous case is filed to quash the proceeding in c.c.no.2000/2016 on the file of the chief judicial first class magistrate court-1, kollam. no interim order is passed in this case. as per the e-court service website, summons have already been issued to charge witnessed 1 to 3. if that is the case, this court need not be interfere in the proceeding pending before the trial court at this stage. all the contentions raised by the petitioner is left open and the petitioner is free to agitate the same before the trial court. with the above observation, this crl.m.c. is disposed of. sd/- p.v.kunhikrishnan judge ana crl.m.c. no.6443 of 2017 3 appendix of crl.mc 6443/2017 petitioner annexures annexure a1 the true copy of the fir and charge sheet is produced. annexure a2 the true copy of the wound certificate of the accused is produced. annexure a3 the true copy of the complaint submitted before the chief minister is produced.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRL.MC NO. 6443 OF 2017 CRIME NO.1670/2016 OF Anchalummoodu Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2000 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONER/ACCUSED NOS.4: PRADEEP PLAVILA KARIKKAL VEEDU, NEERAVIL CHERIYIL, THRIKADAVOOR VILLAGE, KOLLAM. BY ADV SRI.R.KISHORE (KALLUMTHAZHAM) RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THE INSPECTOR OF POLICE ANCHALUMOODU, KOLLAM, PIN-689001 3 DHANYA AGED 24 YEARS, PRANAVAM VEEDU, NEERAVIL CHERIYIL, THRIKADAVOOR, KOLLAM, PIN - 689 001.

OTHER PRESENT: SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.6443 of 2017 2

P.V.KUNHIKRISHNAN, J.

---------------------------------- Crl.M.C. No.6443 of 2017 ----------------------------------------------------- Dated this the 31st day of July, 2024

ORDER

This Criminal Miscellaneous Case is filed to quash the proceeding in C.C.No.2000/2016 on the file of the Chief Judicial First Class Magistrate Court-1, Kollam. No interim order is passed in this case. As per the e-court service website, summons have already been issued to charge witnessed 1 to 3. If that is the case, this Court need not be interfere in the proceeding pending before the trial court at this stage. All the contentions raised by the petitioner is left open and the petitioner is free to agitate the same before the trial court. With the above observation, this Crl.M.C. is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE ANA Crl.M.C. No.6443 of 2017 3 APPENDIX OF CRL.MC 6443/2017 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR AND CHARGE SHEET IS PRODUCED. ANNEXURE A2 THE TRUE COPY OF THE WOUND CERTIFICATE OF THE ACCUSED IS PRODUCED. ANNEXURE A3 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CHIEF MINISTER IS PRODUCED.