Dr. Radhika Kapahtia vs State Of Kerala on 2 August, 2021

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Kerala High Court

Dr. Radhika Kapahtia vs State Of Kerala on 2 August, 2021

Bench: Murali Purushothaman

Crl.MC No.3412/2021                          1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                  Monday, the 2nd day of August 2021 / 11th Sravana, 1943
                         CRL.MA.1/2021 IN CRL.MC NO. 3412 OF 2021

CRIME NO.1936/2018 OF Ernakulam Central Police Station, Ernakulam


CP 9/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ERNAKULAM, ERNAKULAM

   PETITIONER/PETITIONER:

          DR. RADHIKA KAPAHTIA AGED 34 YEARS D/O.DR.NARENDRA KUMAR KAPAHTIA,
          SANT EKNATH SOCIETY, OPPOSITE AKASHAVAANI, JAHRA ROAD, AURANGABAD,
          MAHARASTRA.

        BY ADVS.NIREESH MATHEW,C.C.THOMAS (SR.),
   RESPONDENT/RESPONDENT:

          STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM, KOCHI-682 031.

          petition praying that in the circumstances stated therein the High
    Court be pleased to staying all further proceedings in Annexure E Final
    Report in Crime No. 1936/2018 of Ernakulam Central Police Station, now
    pending as C.P.No.9/2021 on the file of the Judicial First Class
    Magaistrate Court-II, Ernakulam, pending disposal of the above Crl.MC.

    This petition coming on for orders and upon hearing the arguments of M/S
    C.C THOMAS (senior) MR.NIREESH MATHEW, Advocate for the petitioner, and
    of Public Prosecutor, for the respondent,the court passed the following;
 Crl.MC No.3412/2021                  2/4

                       APPENDIX OF CRL.MC 3412/2021
Annexure A            TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME
                      NO.1936/2018 OF ERNAKULAM CENTRAL POLICE STATION, DATED
                      12/09/2018.
Annexure D            TRUE PHOTOCOPY OF THE ORDER DATED 31/10/2018 IN CLR. MC
                      NO.6527/2018 PASSED BY THIS HONOURABLE COURT.
Annexure B            TRUE PHOTOCOPY OF THE SUICIDE NOTE PRODUCRED BY THE
                      INVESTIGATING OFFICER BEFORE TGHE COURT BELOW.
Annexure E            CERTIFIED COPY OF THE FINAL REPROT DATED 15/6/2020.
Annexure C            TRUE PHOTOCOPY OF THE ORDER DATED 24/09/2018 IN CMP
                      NO.2090/2018 PASSED BY THE JUDL.FIRST CLASS MAGISTRATE
                      COURT-II, ERNAKULAM.
 Crl.MC No.3412/2021                         3/4




                          MURALI PURUSHOTHAMAN, J.
                        ========================
                           Criminal M.C.No.3412 of 2021
                        =========================
                       Dated this the 02nd day of August, 2021

                                          ORDER

Admit. The learned Public Prosecutor takes notice for the respondent.

Registry to call for the records. Post on 06.08.2021.

Crl.M.Appl.No.1/2021 This Criminal M.C. is filed to quash Annexure-E Final Report and further proceedings pursuant thereto. After going through the pleadings in the Criminal M.C, Annexure-C order of the Judicial First Class Magistrate Court-II, Ernakulam and Annexure- D order in Crl.M.C.No.6527/2018, I find that the petitioner has made out a prima facie case for an interim order.

Crl.MC No.3412/2021 4/4

Crl.M.C.NO.3412/2021 -2-

Therefore, there shall be an interim order staying all further proceedings in Annexure-E Final Report in Crime No.1936/2018 of Ernakulam Central Police Station, now pending as C.P.No.9/2021 on the files of the Judicial First Class Magistrate Court-II, Ernakulam, for a period of one week.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/02/08/2021 02-08-2021 /True Copy/ Assistant Registrar

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