Kerala High Court
Ajayan vs State Of Kerala on 7 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.2476 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH
KARTHIKA, 1946
CRL.MC NO. 2476 OF 2018
CRIME NO.722/2016 OF THUMBA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST CC NO.2231 OF 2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
AJAYAN
AGED 47, S/O. VISHWANATHAN, AJAYA BHAVAN,
NEAR SHASTHA TEMPLE, KARYAVATTOM,
CHEMPAZHANTHY WARD, PANGAPPARA VILLAGE,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.SHAJIN S.HAMEED
SMT.A.R.SUSMITHA
RESPONDENTS/STATE, CW1 & CW2:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
THUMBA POLICE STATION, REPRESENTED THROUH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM
2 SINI SREEKUMAR
D/O. OMANA, PRESENTLY WORKING AT SHIBI
BHAVAN, T.C 5/286, KATTELA, CHERUVAIKKAL
VILLAGE, THIRUVANANTHAPURAM, HAVING PERMANENT
ADDRESS AS CHEENIVILA HOUSE, NEAR KARIMANAL
LIBRARY, KULATHOOR WARD, ATTIPRA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 017.
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3 OMANA
D/O.SAROJINI, PRESENTLY WORKING AT SHIBI
BHAVAN, T.C 5/286, KATTELA, CHERUVAIKKAL
VILLAGE, THIRUVANANTHAPURAM, HAVING PERMANENT
ADDRESS AS CHEENIVILA HOUSE, NEAR KARIMANAL
LIBRARY, KULATHOOR WARD, ATTIPRA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 017.
BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR - R3
SHRI. AKASH S.
SMT.A.MEGHA
GIRISH KUMAR M S(K/001593/2018)
SRIVIDYA K(K/001476/2018)
RICHU THERESA ROBERT(K/002427/2021)
RAJALAKSHMI.R.(K/001978/2023)
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.2476 of 2018
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Dated this the 07th day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.2231/2016 on the file of the Judicial First Class Magistrate Court - II, Thiruvananthapuram arising from Crime No.722/2016 of Thumba Police Station. The offences alleged are under Sections 447, 294(b), 323, 324 and 506(i) IPC.
2. According to the petitioner, even if the entire allegations are accepted, the offences under Sections 294(b) and 506(i) IPC are not made out. As far as the other offences are concerned, according to the petitioner, it is a clear case in which a vexatious prosecution is initiated against the petitioner. Counsel for the 3rd respondent submitted that the contentions raised by the petitioner are all matters of evidence.
3. After hearing both sides, I am of the considered Crl.M.C. No.2476 of 2018 4 2024:KER:83102 opinion that the petitioner can be allowed to file a discharge petition before the trial court, if charge is not framed, and if such a discharge petition is filed, the presence of the petitioner shall not be insisted, till final orders are passed in the discharge petition.
Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:
1. The petitioner is free to file a discharge petition before the jurisdictional court within thirty days from the date of receipt of a stamped certified copy of this order, if charge is not framed.
2. Once such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the Prosecutor concerned, as expeditiously as possible, at any rate, within a period of six weeks from the Crl.M.C. No.2476 of 2018 5 2024:KER:83102 date of receipt of the discharge petition.
3. If a discharge petition is filed as directed above, the presence of the petitioner shall not be insisted, till final orders are passed in the discharge petition.
4. All the contentions raised by the petitioner in this criminal miscellaneous case are left open and the petitioner is free to agitate the same in the discharge petition.
5. The Registry will forward a copy of this order to the jurisdictional court forthwith.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
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APPENDIX OF CRL.MC 2476/2018
PETITIONER ANNEXURES
ANNEXURE A. COPY OF THE FIR IN CRIME NO.
722/2016 OF THUMBA POLICE STATION. ANNEXURE B. COPY OF THE FINAL REPORT IN CRIME NO. 728/16 OF THUMBA POLICE STATION. ANNEXURE C. COPY OF THE PLAINT IN OS 648/16 ON THE FILE OF THE MUNSIFF COURT, THIRUVANANTHAPURAM.
ANNEXURE D. COPY OF THE INJUNCTION APPLICATION IA 2761/2016 IN OS 649/2016 OF THE MUNSIFF COURT, THIRUVANANTHAPURAM. ANNEXURE E. COPY OF THE INJUNCTION ORDER IN IA 2761/2016 IN OS 649/2016 OF THE MUNSIFF COURT 1, THIRUVANANTHAPURAM. ANNEXURE F. COPY OF THE COMPLAINT DATED 25.6.16 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, THUMBA POLICE STATION.
ANNEXURE G. COPY OF THE PROSECTION PETITION FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE