Kerala High Court
Rajesh.M.R vs State Of Kerala on 24 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:79226
CRL.MC NO. 2199 OF 2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 2199 OF 2016
CRIME NO.1469/2013 OF Attingal Police Station
ST NO.635 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ATTINGAL
PETITIONER/ACCUSED:
RAJESH.M.R
AGED 41 YEARS, S/O.P.MADHAVAKURUP, M.R.SADANAM,
KALLAMBALAM.P.O.,THIRUVANANTHAPURAM.
BY ADVS.
J.R.PREM NAVAZ J.R
SUMEEN S.(K/000187/2012)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SRI.RENJITH T.R, SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:79226
CRL.MC NO. 2199 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.2199 of 2016
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Dated this the 24th day of October, 2024
ORDER
This criminal miscellaneous case is filed to quash the proceedings in S.T. No.635/2014 on the file of the Judicial First Class Magistrate Court-I, Attingal. It is a prosecution initiated against the petitioner alleging offences punishable under Section 279 IPC and Section 177 of the Motor Vehicles Act.
2. Admittedly the petitioner filed a private complaint against the Police Officer who arrested the petitioner in connection with the case, after obtaining sanction from the Government, as evident by Annexure-A9. That complaint is pending before the trial court.
3. In such circumstances, I am of the considered opinion that the contentions raised by the petitioner are to be raised before the trial court at the appropriate stage.
2024:KER:79226 CRL.MC NO. 2199 OF 2016 3 Otherwise there will be prejudice to the accused in the complaint in which the petitioner is the complainant. Therefore, all the contentions raised by the petitioner in this criminal miscellaneous case are left open and the petitioner is free to agitate the same before the trial court at the appropriate stage. Considering the facts and circumstances, I am of the considered opinion that the petitioner can be exempted from personal appearance.
Therefore, this Criminal Miscellaneous case is disposed of in the following manner:
1. All the contentions raised by the petitioner in this criminal miscellaneous case are left open and the petitioner is free to agitate the same before the trial court at the appropriate stage in accordance with law.
2. The petitioner is free to file an application for exemption from personal appearance before the jurisdictional court, within thirty days from the date of receipt of a copy of this order and if such a application is filed, the 2024:KER:79226 CRL.MC NO. 2199 OF 2016 4 jurisdictional court will allow the same on condition that the petitioner will appear on posting dates on which his presence is inevitable.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE 2024:KER:79226 CRL.MC NO. 2199 OF 2016 5 APPENDIX OF CRL.MC 2199/2016 PETITIONER EXHIBITS A1 CERTIFIED COPY OF THE FIR IN CRIME NO 1469/2013 OF ATTINGAL POLICE STATION. A2 CERTIFIED COPY OF THE FINAL REPORT IN ST NO. 656/2014 OF JFCM-1, ATTINGAL. A3 TRUE COPY OF THE FIR IN CRIME NO.
1470/2013 OF ATTINGAL POLICE STATION. A4 TRUE COPY OF THE FINAL REPORT IN ST. NO.
131/2014 OF JFCM-1, ATTINGAL.
A5 TRUE COPY OF THE ACCIDENT REGISTER-CUM-
WOUND CERTIFICATE DT. 17/12/2013. A6 TRUE COPY OF THE CMP NO. 9547/2013 FILED BEFORE JFCM-1, ATTINGAL.
A7 TRUE COPY OF THE STATEMENT OF CW2 IN CMP NO. 9547/2013 BEFORE JFCM-1, ATTINGAL A8 TRUE COPY OF THE STATEMENT OF CW3 IN CMP NO. 9547/2013 BEFORE JFCM-1, ATTINGAL A9 TRUE COPY OF THE ORDER DT. 27/6/2014 ISSUED BY THE GOVT. OF KERALA.
A10 TRUE COPY OF THE LETTER DT. 19/6/2014 VICE PRESIDENT, DISTRICT CONGRESS(I), COMMITTEE.
A11 TRUE COPY OF THE ORDER DT. 16/6/2015 ISSUED BY THE GOVT. OF KERALA.
A12 TRUE COPY OF THE COMPLAINT DT. 1/2/2014.
2024:KER:79226 CRL.MC NO. 2199 OF 2016 6 A13 TRUE COPY OF THE FIR IN CRIME NO.
169/2014 OF ATTINGAL POLICE STATION. A14 TRUE COPY OF THE REPORT DT. 4/2/2014 FILED IN JFCM-1, ATTINGAL.
A15 TREU COPY OF THE COMPLAINT DT. 3/3/2015. A16 TRUE COPY OF THE FIR IN CRIME NO.
351/2015 OF ATTINGAL POLICE STATION.