Dismissed

Saji Thomas v. Jibin Jacob

Kerala HC30 Jan 2012Crl.MC/187/2012

Case brief

AI extract

What is this about?

High Court dismissed a Section 482 CrPC petition seeking to quash a final report or direct simultaneous trial. The Court held the plea for quashing was devoid of merits as discharge proceedings were not sought, and the trial court should consider requests for simultaneous trial.

What did the court decide?

Petition dismissed; liberty granted to petitioner to apply before trial court for simultaneous trial.

Saji Thomas Vs Jibin Jacob — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933

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CRMC.No. 187 of 2012 (c)

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CC.314/2008 of J.M.F.C.-II, KANJIRAPPALLY

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PETITIONER(S)/ACCUSED 1 TO 3 :

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SAJI THOMAS S/O.THOMAS,KONDATTUKUNNEL,MUKKUTTUTHARA.P.O KOTTAYAM DISTRICT,PIN-686510.

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MATHEW @ ROBIN,

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S/O.JOSEPH,KONDATTUKUNNEL,MUKKUTTUTHARA.P.O KOTTAYAM DISTRICT,PIN-686510.

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JIJO.K.ANTONY,

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S/O.ANTONY,KONDATTUKUNNEL,MUKKUTTUTHARA.P.O KOTTAYAM DISTRICT,PIN-68650.

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ANTONY JOSEPH,

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S/O.JOSEPH,KONDATTUKUNNEL,MUKKUTTUTHARA.P.O KOTTAYAM DISTRICT,PIN-686510.

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BY ADVS.SMT.ELIZABETH MATHAI IDICULLA

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SRI.MOHAN IDICULLA ABRAHAM SRI.RACHEL JOSEPH SRI.MARTIN D.ALUMKARA SMT.R.RAJASREE (CHUTTIMATTATHIL)

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COMPLAINANT(S)/DE-FACTO COMPLAINANT AND STATE:

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JIBIN JACOB

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S/O.JACOB JOSEPH,MALIYAKKAL,MUKKUTTUTHARA.P.O KOTTAYAM DISTRICT,PIN-686510.

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF

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KERALA,ERNAKULAM-682031.

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R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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CRMC.No. 187 of 2012 (c)

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APPENDIX

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PETITIONER(S) EXHIBITS

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ANNEXURE-A1: TRUE COPY OF THE FIR IN C.C.314/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURTII,KARUNAGAPPALLY. ANNEXURE-A2: TRUE COPY OF THE FINAL REPROT IN C.C.314/2008 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURTII,KANJIRAPPALLY. ANNEXURE-A3: TRUE COPY OF THE PROTEST COMPLAINT CMP.3077/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURTII,KANJIRAPPALLY.

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RESPONDENTS' EXHIBITS :NIL

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//TRUE COPY//

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P.A TO JUDGE

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P.S.GOPINATHAN, J

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----------------------------

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Crl.M.C.No.187 OF 2012

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-------------------------Dated this the 30^th day of January, 2012.

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, the petitioners, who are accused 1 to 3 and 5 in C.C.314/2008 on the file of the Judicial Magistrate of the First Class – II, Kanjirappally seeks an order to quash Annexure A2 final report or in the alternative to direct the trial court to try the above case along with C.C.No.653/2010

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The plea for quashing the final report with a plea

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that no offence is made out. Having gone through Annexure A2, I

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cannot agree with the learned counsel for the petitioner. Because sufficient averments are there. In the event no offence is made out. The petitioners could have sought for a discharge under Section 239 of the Code of Criminal Procedure. But that was not opted and it is submitted that charge was already framed and the case is posted for trial. Therefore, the plea for quashing the final report is

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Crl.M.C.No.187 OF 2012 2

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devoid of any merits.

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Regarding the prayer for simultaneous trial, I find

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that in the event there is a counter case. The petitioner can make such a request before the trial court which was duly consider the request. I find that this petition is devoid of any merits.

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In the result, this petition is dismissed with liberty to the

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petitioner to apply before the trial court for simultaneous trial.

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P.S.GOPINATHAN, JUDGE

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amk

Saji Thomas v. Jibin Jacob

Case brief

What is this about?

What did the court decide?

Saji Thomas v. Jibin Jacob

Case brief

What is this about?

What did the court decide?

What the court decided

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