In a criminal miscellaneous case regarding a pending trial, the court held that it was premature to determine if the offences attracted the petitioner and ordered the matter to proceed to trial, dismissing the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937
Crl.MC.No. 1672 of 2015 ()
CC 2875/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA
PETITIONER/ACCUSED NO.1 :
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PREETHY, AGED 42 YEARS, W/O. ARUMUGHAN, THARAYIL HOUSE, MATHILAKAM DESOM, PAPPINIVATTOM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR.
BY ADVS.SRI.C.D.DILEEP SMT.SHYLAJA VARGHESE
RESPONDENTS/STATE & COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. S.I. OF POLICE, IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT.
3. CHANDRAMOHAN, AGED 53 YEARS,S/O. NARAYANAN, CHENELLIPARAMBIL HOUSE, KARALAM DESOM, KARALAM VILLAGE, THRISSUR.
R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) R3 BY ADV. SRI.N.L.BITTO
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 1672 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A : A COPY OF THE PRIVATE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE JFCM COURT, IRINJALAKUDA. DT 24/3/2011 ANNEXURE-B : A COPY OF THE FIR OF THE CRIME NO.538/2011 OF THE IRINJALAKUDA POLICE STATION DT. 01/4/2011 ANNEXURE-C : A COPY OF THE FINAL REPORT IN CRIME NO.538/2011 OF THE IRINJALAKUDA POLICE STATION. ANNEXURE-D : A COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IG OF POLICE, THRISSUR, DTD.5.3.2011 AGAINST THE 3RD RESPONDENT. ANNEXURE-E : A COPY OF THE COMPLAINT FILED BY ONE BEENA SIVAN, AGENT OF THE 3RD RESPONDENT BEFORE THE IG OF POLICE, THRISSUR TO COUNTER THE ENX-D COMPLAINT.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.1672 of 2015
Dated this the 2nd day of September, 2015
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A private complaint was referred to the police under Section 156(3) Cr.P.C., on the basis of which the crime in question was registered. The matter was investigated and the final report has been filed alleging offences punishable under Sections 415, 416, 417, 419, 420, 464, 465 and 468 read with Section 34 IPC. The petitioner is the 1st accused. The matter is presently pending as CC.2875/2011 before the Judicial First Class Magistrate's Court, Irinjalakuda.
In the result, this Crl.M.C. is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/02/09
1 issue framed by the court
Whether to dispose of the criminal miscellaneous application when the matter is too premature to hold that the offences alleged cannot be attracted to the petitioner
1 provisions across 1 enactments
Preethy
State of Kerala
Chandramohan
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
