Rajani vs State Of Kerala on 14 September, 2020
In that
regard, the learned counsel for the petitioners has made various
submissions on the basis of decisions of the apex court as in Prabhu
Chawla v. State of Rajasthan and Another [AIR 2016 SC 4245],
S.S. Chheena v. Vijay Kumar Mahajan and Another [2010 (12)
SCC 190] as well as in decision of this Court as in Mohandas @
Mohan P. v State of Kerala [2013(1) KLD 848], Cyriac v. S.I. of
Police [2005 (3) KLT 673] etc. Per contra, the learned Public
Crl.MC.No.7192 OF 2018(H)
5
Prosecutor would seriously oppose the plea of the petitioners for
quashing the impugned Annexure C proceedings and would point out
that prima facie the prosecution would lie and further that the
petitioners can raise all the said contentions at the trial as now even the
charges have already been framed and so even the stage of filing
discharge application is over and petitioners have made the challenge
belatedly on 26.10.2018 after the framing of the charges by the court as
per Annexure C order dated 18.05.2018. Even though Annexure B final
report / charge sheet was filed before the jurisdictional Magistrate
Court concerned (Judicial First Class Magistrate Court - III,
Thiruvananthapuram) as early as on 05.12.2012.