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Kerala High Court

Mariamma Sunny vs State Of Kerala on 10 March, 2006

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                    THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

            TUESDAY, THE 16TH DAY OF JANUARY 2018 / 26TH POUSHA, 1939

                             Crl.MC.No. 8729 of 2017

          CC.148/2007 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA
            CRIME NO.203/2006 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA



PETITIONER/8TH ACCUSED:



           MARIAMMA SUNNY,
           S/O SUNNY PHILIPS,
           PANACHIPARAMBIL BLISS,
           MUTTAMBALAM P.O.,
           KANJIKUZHY, KOTTAYAM DISTRICT.



   BY ADVS. SRI.V.G.ARUN
            SRI.T.R.HARIKUMAR
            SRI.ARJUN RAGHAVAN
            SRI.ADITHYA RAJEEV




RESPONDENT/COMPLAINANT:


           STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           KOCHI-682031.


       BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-01-2018,
     THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


EL

Crl.MC.No. 8729 of 2017


                                         APPENDIX


PETITIONER(S)' ANNEXURES


ANNEXURE I-      A TRUE COPY OF THE FINAL REPORT IN CRIME NO.203
                 OF 2006 DATED 10/03/2006.


ANNEXURE II-     A TRUE COPY OF THE FINAL REPORT DATED 14/09/2017
                 SUBMITTED     AFTER    RE-INVESTIGATION   IN CRIME
                 NO.203/2006.


ANNEXURE III-    A  TRUE    COPY OF  THE COMMUNICATION
                 NO.L-08148/03/LR-1/2003 DATED 27/03/2003.


ANNEXURE IV-     A TRUE COPY OF THE RELEVANT PAGE CONTAINING
                 THE RECOMMENDATION MADE BY THE PETITIONER.



RESPONDENT(S)' ANNEXURE


           NIL

                                                             TRUE COPY



                                                            P.S. TO JUDGE

EL



                         B. KEMAL PASHA, J.
           ................................................................
                   CRL.M.C. No. 8729 of 2017
           ...............................................................
            Dated this the 16th day of January, 2018

                                  O R D E R

Originally, the case was pending as C.C.148/2007. The petitioner was not an accused in the said case. Subsequently, a further investigation was conducted in the matter and Annexure-II supplementary final report was filed on 14.09.2017. According to the petitioner, copies of the supplementary final report and documents were not served on her. Therefore, the petitioner could not seek a discharge in the matter under Section 239 Cr.P.C. According to the petitioner, she received the court charge only two days back and she wants a breathing time to challenge the charges through a criminal revision.

2. The case stands posted for trial on 17.1.2018. CRL.M.C.No. 8729 of 2017 -: 2 :- The court below shall adjourn the trial of the case for a period after one month, for enabling the petitioner to challenge the framing of charges through a criminal revision petition.

In the result, this Crl.M.C. is disposed of as above.

Sd/- B. KEMAL PASHA, JUDGE.

ul/-

[True copy] P.S. to Judge.