Disposed

Frenjit K.A @ Tony v. State of Kerala

Kerala HC9 Apr 2012Crl.MC/875/2012

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the court addressed the delay in obtaining a Chemical Examination Report held up the trial for two years and directed the Chemical Examiner to finalize the exam within two months.

What did the court decide?

The 2nd respondent (Chemical Examiner) is directed to finalize the examination of material objects within two months of receipt of the order copy.

Frenjit K.A @ Tony Vs State of Kerala — Pension and Retirement Benefits | 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 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934 Crl.MC.No. 875 of 2012 ()

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SC.541/2011 of ADDL.SESSIONS COURT (ADHOC)-II, ERNAKULAM CRIME NO.1720/2010 OF KALAMASSERY POLICE STATION, ERNAKULAM.

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PETITIONER(S)/ACCUSED:

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FRENJIT K.A @ TONY AGED 32 YEARS S/O.K.J.ANTONY, KODIATH HOUSE, KALAMASSERY P.O , SOUTH KALAMASSERY BY ADVS.SRI.B.S.SWATHY KUMAR SMT.P.V.SOBHANA SMT.V.BEENA

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COMPLAINANT(S)/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031 2. THE CHEMICAL EXAMINER REGIONAL CHEMICAL EXAMINATIONS LABORATORY KAKKANADU 682 030

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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---------------------------Crl.M.C.No. 875 OF 2012

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-------------------------Dated this the 9^th day of April, 2012.

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O R D E R

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In this petition under Section 482 of the

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Code of Criminal Procedure, the petitioner, who is the

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accused in S.C.No.541/2011 on the file of the Additional

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Sessions Judge (Adhoc) II, Ernakulam for offences under Section 304 B and Section 306 IPC seeks an order to direct the 2^nd respondent to forward the copy of Chemical Examination Report to the trial court.

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Having heard I find that the trial of the case is

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held up for want of the report from the Chemical Examiner.

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It is submitted by the learned Govt. Pleader that the material objects were forwarded to the Chemical Examiner

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two years back and despite the reminder by the Investigating officer there is no response from the 2^nd

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Crl.M.C.No. 875 OF 2012 2

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respondent. In the above circumstance, I find that the petitioner is justified in rushing to this court with this petition.

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Therefore, this petition is disposed of with direction to the 2^nd respondent to finalize the process of examination of the material objects in the above case as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this order which the petitioner shall forward to the Chemical Examiner by registered post with acknowledgment due.

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P.S.GOPINATHAN, JUDGE

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amk

Frenjit K.A @ Tony v. State of Kerala

Case brief

What is this about?

What did the court decide?

Frenjit K.A @ Tony v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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