High Court directed Additional Chief Judicial Magistrate to consider petitioner's contentions regarding framing of charge and discharge within two months instead of invoking Section 482 CrPC immediately.
Additional Chief Judicial Magistrate directed to consider contentions on framing of charge and dispose of discharge petition within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
Crl.MC.No. 2372 of 2014 ()
CC 1724/2007 of ADDL. CJIOEF JUDICIAL MAGISTRTE COURT, ERNAKULAM CRIME NO. 225/2006 OF PANANGAD POLICE STATION , ERNAKULAM
PETITIONER/ACCUSED:
---------------------------------
P.N. KRISHNAKUMAR, AGED 56 YEARS, S/O. V.K.NARAYANA MENON, LAKSHMI KRIPA, PANANGAD P.O., ERNAKULAM DISTRICT.
BY ADV. SRI.NOORJI NOUSHAD
RESPONDENT/COMPLAINANT:
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THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
Crl.MC.No. 2372 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: CERTIFIED COPY OF THE FIR NO. 225/2006 OF THE PANANGAD POLICE STATION, DATED 11-05-2006. ANNEXURE AIICERTIFIED COPY OF THE FINAL REPORT FILED BEFORE THE ADDITIONAL CHEIFJUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE AIII: A TRUE COPY OF THE FIRST PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. ANNEXURE AIV: A TRUE COPY OF THE ELECTION IDENTITY CARD NO. KL/10/063/054321 ISSUED TO THE PETITIONER. ANNEXURE AV: A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE ERNAKULAM KARAYOGAM TO THE PETITIONER, DATED 28-05-2004. ANNEXURE AVI: A TRUE COPY OF THE PROCEEDINGS SHEET IN C.C.NO. 1724/2007 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
K.RAMAKRISHNAN, J.
Crl.M.C.No.2372 of 2014
Dated this the 16th day of June, 2014
ORDER
This is an application filed by the petitioner who is the sole accused in C.C.No.1724/2007 on the files of the Additional Chief Judicial Magistrate's Court, Ernakulam under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code') seeking the
following reliefs:
i)quash all further proceedings pursuant to Annexure A2 in C.C.No.1724/2007 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam;
ii)issue any other order or direction which is appropriate in the circumstance of this case.
learned Magistrate had taken cognizance of the case
only under Section 420 of the Indian Peal Code after declining to take cognizance under Section 12(b) of the
Crl.M.C.No.2372 of 2014 2
Passport Act, the cognizance itself is bad and he has entitled to get discharge.
proceedings paper of the lower court, it is seen that charge has not been framed though the court has taken cognizance of the case only under Section 420 of the
Crl.M.C.No.2372 of 2014 3
Indian Penal Code declining to take cognizance under Section 12(b) of the Passport Act for want of sanction under Section 15 of the Act. So the petitioner can raise all these contentions before the court below itself and the court below can consider the contentions and pass appropriate orders in accordance with the law. So the petition is disposed of as follows:
The Additional Chief Judicial Magistrate, Ernakulam is directed to consider the contentions raised by the petitioner who is the sole accused in C.C.No.1724/2007 pending before that court regarding the question of framing charge and pass appropriate orders in accordance with law as expeditiously as possible at any rate within two months from the date of receipt of this order.
If the petitioner applies for discharge raising all the contentions raised by him in this petition, then the learned Magistrate is directed to consider the petition and dispose of the same within two months from the date of filing of the application or within the time fixed
Crl.M.C.No.2372 of 2014 4
by this Court whichever is later.
With the above direction and observation the
petition is disposed of.
Sd/- K.RAMAKRISHNAN JUDGE
MJL
1 issue framed by the court
Whether the High Court can dispose of the petition under Section 482 CrPC when the matter is pending before the lower court for framing of charges.
1 provisions across 1 enactments
P.N. KRISHNAKUMAR
THE STATE OF KERALA
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
