Sabu, vs the State of Kerala, - Court Judgment

SooperKanoon Citationsooperkanoon.com/1843607
CourtKerala Orders High Court
Decided OnMar-02-2020
Case NumberCrl.MC/9069/2019
JudgeHonourable Mr. Justice P.B.Suresh Kumar
AppellantSABU,
RespondentThe State of Kerala,
Excerpt:
, in the high court of kerala at ernakulam present the honourable mr. justice p.b.suresh kumar monday, the 02nd day of march 2020 / 12th phalguna, 1941 crime no.287/2013 of kilimanoor police station , thiruvananthapuram petitioner/6th accused: sabu, aged 48 years s/o.lekshmanan, lakshmi vilasom, pulimath.p.o., pulimath village, chirayinkeezhu thaluk-695612 by advs. sri.rinny stephen chamaparampil smt.asha elizabeth mathew respondents/complainant& alleged injured: 1 the state of kerala, rep. by the public prosecutor, high court of kerala, ernakulam-682031 2 abha.r aged 36 years w/o.late lekshmanan santhosh anush bhavan, alayakonam, pulimath.p.o., chirayinkeezhu thaluk-695612sri.amjad ali - sr.pp this criminal misc. case having come up for admission on 02.03.2020, the court on the same day passed the following: criminal m.c.no.9069 of 2019 -----------------------------------------------orderthe petitioner seeks orders quashing annexure - b dated 20.07.2013, in terms of which petitioner is arrayed as an accused in crime no.287 of 2013 of kilimanoor police station. the case set out by the petitioner in the crl.m.c is that the allegations do not make out the offences alleged.2. when this matter was taken up, the learned publicprosecutor, on instructions, submitted that the final report in the case has already been filed in the matter in the year 2015 itself. in so far as it is brought to the notice of this court that the final report indicated has already been filed, the crl.m.c is closed without prejudice to the right of the petitioner to challenge the final report in appropriate proceedings, if so advised. sd/- p.b.suresh kumar, judge. pv appendix petitioner's exhibits: annexure a certified copy of the fir in crime no.287/2013 of kilimanoor police station annexure b certified copy of the report submittedby the sub inspector, kilimanoor police station before the judicial first class magistrate court-ii, annexure c true copy of the remand application submitted by the sub inspector,kilimanoor police station on 20.7.2013 before the jfcm court-ii, respondents' exhibits: nil
Judgment:

, IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 CRIME NO.287/2013 OF Kilimanoor Police Station , Thiruvananthapuram PETITIONER/6th ACCUSED: SABU, AGED 48 YEARS S/O.LEKSHMANAN, LAKSHMI VILASOM, PULIMATH.P.O., PULIMATH VILLAGE, CHIRAYINKEEZHU THALUK-695612 BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS/COMPLAINANT& ALLEGED INJURED: 1 THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2 ABHA.R AGED 36 YEARS W/O.LATE LEKSHMANAN SANTHOSH ANUSH BHAVAN, ALAYAKONAM, PULIMATH.P.O., CHIRAYINKEEZHU THALUK-695612

SRI.AMJAD ALI - SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Criminal M.C.No.9069 of 2019 -----------------------------------------------

ORDER

The petitioner seeks orders quashing Annexure - B dated 20.07.2013, in terms of which petitioner is arrayed as an accused in Crime No.287 of 2013 of Kilimanoor Police Station. The case set out by the petitioner in the Crl.M.C is that the allegations do not make out the offences alleged.

2. When this matter was taken up, the learned Public

Prosecutor, on instructions, submitted that the final report in the case has already been filed in the matter in the year 2015 itself. In so far as it is brought to the notice of this Court that the final report indicated has already been filed, the Crl.M.C is closed without prejudice to the right of the petitioner to challenge the final report in appropriate proceedings, if so advised. Sd/- P.B.SURESH KUMAR, JUDGE. PV APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.287/2013 OF KILIMANOOR POLICE STATION ANNEXURE B CERTIFIED COPY OF THE REPORT SUBMITTED

BY THE SUB INSPECTOR, KILIMANOOR POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ANNEXURE C TRUE COPY OF THE REMAND APPLICATION SUBMITTED BY THE SUB INSPECTOR,KILIMANOOR POLICE STATION ON 20.7.2013 BEFORE THE JFCM COURT-II, RESPONDENTS' EXHIBITS: NIL