Kerala High Court
Unknown vs Present on 12 January, 2018
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939
Crl.MC.No. 5862 of 2014
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C.C 8/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 PATHANAMTHITTA
CRIME NO. 376/2009 OF KOODAL POLICE STATION , PATHANAMTHITTA
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PETITIONER(S)/ACCUSED IN THE FIR
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1 J.ANANDAN,
S/O. JANARDANAN,AGED 50 YEARS, KATTUMADATHIL HOUSE, PALLIKKAL,
NADUVILE MURI, BHARANIKKAVU VILLAGE, MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT.
2 SAJI,
S/O. NANU, VASANTHA VILASAM, ELIKKODU, KOODAL MURI,
KOODAL VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.C.S.AJITH PRAKASH
SRI.PAUL C THOMAS
SRI.P.S.SYAMKUTTAN
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.31
2. SOLAMAN RAJU @ THAMPI,
S/O. ANTONY, PAYIRAKKATHU KIZHAKKETHIL, ELIKKODU MURI,
KOODAL VILLAGE, PATHANAMTHITTA DISTRICT - 689 693.
R1 BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK
R2 BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 5862 of 2014 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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A1 - TRUE COPY OF THE FIR NO. 376/09 DT. 29/10/09 OF THE KOODAL POLICE STATION,
PATHANAMTHITTA.
A2 - TRUE COPY OF THE SECION 161 STATEMENT OF CW.
A3 - TRUE COPY OF THE SECTION 161 STATEMENT OF CW3.
A4 - TRUE COPY OF THE CHARGE SHEET DT. 30.12.09.
A5 - TRUE COPY OF THE NOC NO. 30214/05/C7, DT. 23.12.05.
A6 - TRUE COPY OF THE LEASE DEED DT. 15.11.06 IN RESPECT OF SY. NO. 251/1.
248/2 ANDM 248/7.
A7 - TRUE COPY OF THE AGREEMENT DT. 08.6.07 EXECUTED BETWEEN THE 1ST ACUSED
AND THE DE FACTO COMPLAINANT.
A8 - TRUE COPY OF THE CERTIFICATE OF CINROPORATION OF THE COMPANY BY NAME
ATLAS MINES AND GRANITES (INDIA) PVT. LTD.
A9 - TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST ACCUSED BEFORE THE
DISTRICT COLLECTOR, PATHANAMTHITTA DT. 13.11.08.
A10 - TRUE COPY OF THE ANNUAL RETURNS OBTAINED FROM THE REGISTRAR OF
COMPANY FOR THE PERIOD OF 2009 AND 2010.
A11 - TRUE COPY OF THE RELEVANT PAGE OF THE SAID PROCEEDINGS CONTAINED IN
FORM 32 OBTAINED FROM THE ROC.
A12 - TRUE COPY OF THE INVOICE DT. 16.10.08.
A13 - TRUE COPY OF THE AFFIDAVIT IN ANSWER TO THE INTERROGATORY DT. 07.12.12
FILED BY THE DE FACTO COMPLAINANT IN OS NO. 243/09 BEFORE THE HON'BLE SUB
COURT, PATHANAMTHITTA.
A14 - TRUE COPY OF THE SALE DEED NO. 391/09 OF ENADIMANGALAM SRO.
A15 - TRUE COPY OF THE APPLICATION DT. 24.7.09.
A16 - TRUE COPY OF THE PLAINT IN OS NO. 243/09.
A17 - TRUE COPY OF THE JUDGEMENT DT. 27.9.13 IN TRP(C) NO. 360/13.
A18 - TRUE COPY OF THE INTERIM ORDER 18.7.14 IN WPC NO. 18160/14.
A19 - TRUE COPY OF THE PERMIT DT. 15.1.14.
A20 - TRUE COPY OF THE COMPLAINT DT. 16.1.14.
A21 - TRUE COPY OF THE ORDER DT. 28.1.14 IN BA NO. 610/14.
A22 - TRUE COPY OF THE STAY ORDER DT. 29.9.14 IN CRL.M.C NO. 1053/14.
Crl.MC.No. 5862 of 2014 ()
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A23- TRUE COPY OF THE JUDGMENT DT. 03.3.11 IN WPC NO. 13225/10.
A24 - TRUE COPY OF THE ORDER DT. 18.2.14 IN WPC NO. 3541/14.
A25 - TRUE COPY OF THE JUDGMENT DT. 31.3.14 IN OPC NO. 929/14.
A26 - TRUE COPY OF THE ORDER IN FAO NO. 166/14 DT. 09.6.14.
A27 - TRUE COPY OF THE INTERIM ORDER DT. 24.7.14 IN IA NO. 9886/14 IN
WPC NO.11180/14.
RESPONDENTS ANNEXURES: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
B. KEMAL PASHA, J.
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Crl.M.C. No.5862 of 2014
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Dated this the 12th day of January, 2018
O R D E R
~ ~ ~ ~ ~ ~ It is true that a civil suit was pending in respect of the very same property involved, between the 1st accused, who is the 1st petitioner herein, and CW3. The suit was ultimately dismissed on which a RFA was filed and the same is pending. Whatever it is, presently, the 1st accused, who is the 1st petitioner, is no more. Therefore, the proceedings as against the 1st petitioner have become abated. As far as the 2nd petitioner is concerned, he was allegedly the worker employed by the 1st petitioner. The proceedings against the 2nd petitioner can be continued. He can take all the contentions presently advanced before this Court, before the court below during trial.
Crl.M.C.5862/2014 : 2 :
With liberty to the petitioners to take all the contentions presently advanced before this Court, before the court below during trial, this Crl.M.C. is disposed of.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/12/01 // True Copy // PS to Judge