Kerala High Court
Ajayakumar P vs State Of Kerala on 5 November, 2020
Author: M.R.Anitha
Bench: M.R.Anitha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
Crl.MC.No.1662 OF 2018
AGAINST THE ORDER/JUDGMENT IN CC 203/2012 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ,THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.89:
AJAYAKUMAR P
DEVAGIRI, VEERADOOR NAGAR,NILAMBUR P.O., MALAPPURAM
DT.
BY ADVS.
SHRI.T.K.AJITH KUMAR
SRI.A.P.NIDHIN KUMAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 JOY KAITHARATH
AGED 65 YEARS, S/O ANTONY,98/09, MONODYTHERUVU,
VELLIKULANGARA (PO),THRISSUR-680 693.
R1-2 BY ADV. SRI.JOHN K.GEORGE
OTHER PRESENT:
SR.PP - SRI.D.CHANDRASENAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1662/2018 2
M.R.ANITHA, J.
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Crl.M.C.No.1662 of 2018
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Dated this the 5th day of November, 2020
ORDER
This Crl.M.C. has been filed by the 89 th accused in C.C.No.203/2012 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The allegation against the petitioner and other accused is under Section 86(2) of the Kerala Prisons and Correctional Services (Management) Act, 2010 (hereinafter called as the Act).
2. Heard both sides.
3. When the case came up for hearing, the learned counsel for the petitioner brought to my attention Annexure A4 common order of this Court in Crl.M.C.Nos.658 & 3492 of 2013, by which, the case against accused Nos.9, 53, 179, 22 and 112 are quashed. The order in Crl.M.C.No.1628/2018 has also brought to my attention, by which, case against accused No.23 was quashed in the light of the Annexure 4 order. In the file, the order in Crl.M.C.No.1236/2018 and connected cases dated 04.01.2019 is also enclosed, by which, the case against accused Nos.1,92,85 & 98 also have been quashed.
4. The petitioner herein is the Deputy General Manager Crl.M.C.No.1662/2018 3 of Nilambur Co-operative Urban Bank, Nilambur. According to the learned counsel for the petitioner, there is no averment in Annexure AI complaint against the petitioner. Even if it is proved that there was a call between the petitioner and first accused, it will not attract an offence under Section 86(1) of the Act. As has been found in Crl.M.C.No.658 & 3492 of 2013 dated 25.8.2017 a person receiving a call on mobile phone from someone cannot be held liable under Section 86 of the Act.
5. So the continuation of the proceedings against the petitioner/89th accused would be an abuse of process of law. Hence for the ends of justice, further proceedings in C.C.No.203/2012 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram as against the petitioner/89th accused is to be quashed.
In the result, all further proceedings in C.C.No.203/2012 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram as against the petitioner herein/89 th accused is hereby quashed and Crl.M.C. is allowed.
Sd/-
M.R.ANITHA JUDGE Shg Crl.M.C.No.1662/2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN CC 203/2012 PENDING ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM.
ANNEXURE A2 TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM IN CMP.520/2012 IN CMP 3760/2011 DATED 6.3.2012.
ANNEXURE A3 TRUE COPY OF THE KERALA PRISONER & CORRECTIONAL SERVICE (MANAGEMENT) ACT.
ANNEXURE A4 TRUE COPY OF THE JUDGMENT IN Crl.MC 658/2013 DATED 25.8.2017.