Kerala High Court
Aaba Fenila vs State Of Kerala on 19 March, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 19TH DAY OF MARCH 2020 / 29TH PHALGUNA, 1941
Crl.MC.No.1763 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 1017/2015 OF JMFC - VIII,
ERNAKULAM
CRIME NO.741/2014 OF Kadavanthra Police Station , Ernakulam
PETITIONER/3RD ACCUSED:
AABA FENILA
AGED 29 YEARS
D/O.VARGHESE T.G., THUNDATHIL HOUSE, NARAKKAL P.O.,
VYPIN, NARAKKAL VILLAGE, KOCHI TALUK, ERNAKULAM-
682505, NOW RESIDING AT 8F, T1, ASTEN VIVERIA,
MANNAKKAKADAVU, THENGOD P.O., PIN-682030.
BY ADVS.
SRI.K.C.ELDHO
SRI.MALLEENATHAN.M.
SMT.K.SINDHU ELIAS
SMT.KRISHNA SANTHOSH
SMT.HARITHA JAYAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SRI HRITHWIK CS (SR) - P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1763 OF 2020(A)
2
ORDER
Dated this the 19th day of March 2020 The petitioner is the 3rd accused in CC No.1017/2015 on the files of the Judicial First Class Magistrate Court-VII, Ernakulam, for having allegedly committed offences punishable under Sections 468, 471, 406, 420 r/w Section 34 of IPC. The petitioner has approached this Court by filing Crl.M.C No.7907/2016 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 CMP No.324/2020 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 CC No.7907/2016 is stayed and therefore the petition shall be kept in the file till the stay is vacated.
Crl.MC.No.1763 OF 2020(A) 3 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 CC No.7907/2016. Nothing impedes the Magistrate from passing orders in CMP No.324/2020, 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 CMP No.324/2020 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/-
ASHOK MENON JUDGE SPK Crl.MC.No.1763 OF 2020(A) 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE LATEST ORDER EXTENDING INTERIM ORDER OF STAY DATED 17.01.2020 IN CRL.M.C.NO.7907 OF 2016.
ANNEXURE A2 A TRUE COPY OF THE PETITION SEEKING PERMISSION TO TRAVEL ABROAD FILED AS MP NO.324 OF 2020 IN CC NO.1017 OF 2015. ANNEXURE A3 A TRUE COPY OF THE ORDER DATED 03.02.2020 IN C.M.P.NO.324 OF 2020 IN C.C.NO.1017 OF 2015.
RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE