Aaba Fenila vs State Of Kerala on 16 March, 2020

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Kerala High Court

Aaba Fenila vs State Of Kerala on 16 March, 2020

Bench: Ashok Menon

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

     MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

                       Crl.MC.No.1733 OF 2020(F)

AGAINST THE ORDER/JUDGMENT IN CC 900/2015 OF JMFC-VIII, ERNAKULAM
                           (TEMPORARY)


PETITIONER/3RD ACCUSED:

             AABA FENILA,
             AGED 29 YEARS, D/O.VARGHESE T.G.,
             THUNDATHIL HOUSE, NARAKKAL P.O, VYPIN,
             NARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM-682 505,
             NOW RESIDING AT 8F,T1, ASTEN VIVERIA,
             MANNAKKAKADAVU, THENGOD P.O, PIN-682 030.

             BY ADVS.
             SRI.K.C.ELDHO
             SRI.MALLENATHAN.M.
             SMT.K.SINDHU ELIAS
             SMT.HARITHA JAYAN

RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA -682 031.


OTHER PRESENT:

             SRI HRITHWIK C.S., SR.PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1733 of 2020
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                                 O R D E R

Dated this the 16th day of March 2020 The petitioner is the 3rd accused in C.C.No.900/2015 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam, for having allegedly committed the offences punishable under Sections 468, 471, 406 and 420 read with Section 34 of I.P.C. The petitioner has approached this Court by filing Crl.M.C. No.2874/2017 for quashing the proceedings under Section 482 of Cr.P.C. Interim order staying the proceedings in the case was granted, which is being extended from time to time. The petitioner filed C.M.P.No.323/2020 before the jurisdictional Magistrate seeking permission to go abroad. The learned Magistrate dismissed the said petition vide Annexure A3 order stating that the proceedings in C.C.No.900/2015 is stayed, and therefore, the petition shall be kept in the file till the stay is vacated.

Crl.M.C.No.1733 of 2020

I find that the order of the learned Magistrate is not proper, because what is intended by the stay granted by this Court is the trial of C.C.No.900/2015. Nothing impedes the Magistrate from passing orders in C.M.P.No.323/2020, wherein the petitioner has sought permission to go abroad. Hence, the impugned order at Annexure A3 is set aside and the learned Magistrate is directed to consider C.M.P.No.323/2020 on its merits and dispose of the same, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this order.

Sd/-

dkr                                              ASHOK MENON

                                                    JUDGE
 Crl.M.C.No.1733 of 2020
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                              APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A1               COPY OF THE PETITION SEEKING EXTENDING

INTERIM ORDER OF STAY DATED 17-01-2020 IN CRL.M.C NO. 2874 OF 2017 ANNEXURE A2 COPY OF THE PETITION SEEKING PERMISSION TO TRAVEL ABROAD FILED AS CMP NO. 323 OF 2020 IN CC NO. 900 OF 2015 ANNEXURE A3 COPY OF THE ORDER DATED 03-02-2020 IN C.M.P NO. 323 OF 2020 IN CC NO. 900 OF 2015

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