Disposed

Babu.G. v. State of Kerala

Kerala HC23 Jun 2014Crl.MC/1810/2014

Case brief

AI extract

What is this about?

High Court disposed of a Criminal Miscellaneous petition seeking stay of prosecution proceedings. The court held that since the petitioner could obtain a stay by filing a revision against the dismissal of his discharge application, invoking powers under section 482 CrPC for a stay was not permissible.

What did the court decide?

Prayer for stay of proceedings under section 482 CrPC refused as remedy for staying prosecution lies in filing revision against dismissal order.

Babu.G. Vs State of Kerala — Quashing and FIR | Kerala HC (2014)

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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 K.RAMAKRISHNAN

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MONDAY, THE 23RD DAY OF JUNE 2014/2ND ASHADHA, 1936

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Crl.MC.No. 1810 of 2014 ()

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--------------------------CC.NO.40/2005 OF ENQUIRY COMMISSIONER AND SPECIAL COURT (VIGILANCE), KOZHIKODE

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ACCUSED A1:

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BABU G., T.C.14/1001, VIJAYA COTTEGE P.O., THIRUVANANTHAPURAM PIN:695 011, KERALA STATE.

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BY SRI.BABU G. (PARTY-IN-PERSON)

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RESPONDNT/COMPLAINANT :

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THE STATE OF KERALA THROUGH THE DYS.P VACB, WAYANAD REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SMT. S. HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 1810 of 2014 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE A1: COURT CHARGE DATED 15TH JANUARY, 2014. ANNEXURE AII: ORDER SHEET IN CC 40/05. ANNEXURE AIII: SUMMONS DATED 12.12.2005 TO ACCUSED A1. ANNEXURE AIV: SUMMONS DATED 12.12.2005 ISSUED TO ACCUSED A2. ANNEXURE AV: SUMMONS DATED 12.12.2005 ISSUED TO ACCUSED A3.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

K.RAMAKRISHNAN, J.

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Crl.M.C. No. 1810 of 2014

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Dated this the 23^rd day of June, 2014

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O R D E R

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This is an application filed by the petitioner for staying the proceedings in C.C. 40/2005 on the file of Enquiry Commissioner and Special Judge (Vigilance), Kozhikode under section 482 of Code of Criminal Procedure.

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It is alleged in the petition that he is the first accused in C.C. 40/2005 pending before Enquiry Commissioner and Special Judge (Vigilance), Kozhikode. He then filed Crl.M.P. 745/2013 seeking for discharge and that petition was dismissed on 16.12.2013 and thereafter it was posted to 15.1.2014 without supplying the order in Crl.M.P. 745/2013. According to the petitioner, the learned Judge framed charge against all the accused. So, according to the petitioner, framing charge on 15.01.2014 is against law and so he has no other remedy except to approach this court

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Crl.M.C. No. 1810/2014

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-2-

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seeking the following reliefs, namely 'staying further proceedings of the lower court till the disposal of the revision petition to be filed by the petitioner against the order dismissing the application Crl.M.P. 745/2013'.

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I have called for a report from the concerned court regarding the present stage of the case and the learned presiding Officer, who is in charge of that Court has sent a report which reads as follows:

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“Kind attention is invited to the official memorandum of the Hon'ble High Court under reference in which it has been directed to submit a report regarding the present stage of C.C.40/2005 pending before the Court of Enquiry Commissioner and Special Judge, Kozhikode.

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In this context, it may be submitted that after the transfer of Sri. V.Jayaram, from 13.05.2014 onwards I am holding additional charge of the Enquiry

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Crl.M.C. No. 1810/2014

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-3-

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Commissioner and Special Judge, Kozhikode. In compliance I have perused the records and the following report is submitted.

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This case was taken on file as C.C. 40/2005 on 06.12.2005 arraying Sri.G.Babu, Sri.Jose Mthew and Sri.K.P.Chandran as accused nos. 1 to 3 respectively. A2 appeared in the court on 24.01.2006 and A1 and A3 made their appearance on 17.07.2006. Since then the case was posted for preliminary hearing till 26.05.2009. On 26.05.2009 Sri.G.Babu (Accused No.1) filed CMP No.292/2009 seeking fresh enquiry in the above case. The CMP was dismissed vide order dated 27.03.2012 of this court. Then the case stood posted for preliminary hearing after hearing both sides on 2305.2012. The case stood adjourned for framing charges on 22.06.2012, 19.07.2012, 24.08.2012, 27.09.2012, 02.11.2012 and 04.12.2012.

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Crl.M.C. No. 1810/2014

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-4-

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On 04.12.2012 Sri.G.Babu(A1) filed CMP 1509/2012 for discharging him from the case. The petition was dismissed by this court vide order dated 04.05.2013 and the case was posted for framing charges to 06.06.2013. On 06.06.2013 he filed another CMP No.745/2013 for discharging him form this case which was also dismissed by this court on 16.12.2013 and charges framed against the accused 1 to 3 on 15.01.2014.

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Subsequently Sri.G.Babu filed application for adjournment of the case on the ground that he has filed revision petition before the Hon'ble High Court of Kerala and the Criminal Revision Petition is pending before the Hon'ble High Court. The case stands adjourned to 15.07.2014.”

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When the application came up for hearing today,

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the petitioner who is appearing in person submitted that he had obtained the certified copy of the order and he is going

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Crl.M.C. No. 1810/2014

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-5-

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to file revision. Since he had already obtained the certified copy of the Order in Crl.M.P. 745/2013 his remedy is to file

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a revision against that Order and obtain stay. So the prayer in the petition for staying the proceedings till the disposal of the revision to be filed by the petitioner cannot be granted invoking the power under section 482 of Code of Criminal Procedure, as he can very well file revision and obtain stay from that court.

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With the above observation, this petition is disposed of.

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Sd/K.RAMAKRISHNAN, JUDGE

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jjj

Babu.G. v. State of Kerala

Case brief

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Babu.G. v. State of Kerala

Case brief

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