In this criminal miscellaneous case, the High Court of Kerala at Ernakulam dismissed the petition by stating that the investigation in Crime No. 818/2014 was completed and the final report had been filed, granting liberty to challenge the report.
Court closed the miscellaneous case with liberty to challenge the final report filed by the Magistrate.
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
TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937
Crl.MC.No. 2677 of 2015 ()
--------------------------CRIME NO. 818/2014 OF KONGAD POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED :
-----------------------------------
1. S. KRISHNAKUMAR, AGED 35 YEARS, S/O. P. CHELLAMUTHAN, 3/68, KANNANMEDU CHITTUR ROAD, KOZHINJAMPARA POST, CHITTUR PALAKKAD
2. SATHEESH KUMAR, AGED 33 YEARS, S/O. CHINNASWAMI, NATTUKAL, KOZHINJAMPARA, PALAKKAD
BY ADV. SRI.I.DINESH MENON
RESPONDENTS/COMPLAINANT :
---------------------------------------------
1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. SAJITH C.S., AGED 39 YEARS, S/O. SWAMINATHAN, MELEPURA VEEDU, PERINJAMPADAM, KONGAD, PALAKKAD 678 631
R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY ADV. SRI.T..RAJAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 2677 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A: | TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER. |
|---|---|
| ANNEXURE B: | TRUE COPY OF THE HIRE PURCHASE AGREEMENT DATED 4.2.2013 ALONG WITH THE SCHEDULE OF REPAYMENT. |
| ANNEXURE C: | TRUE COPY OF THE COMPLAINT DATED 15.3.2014 |
| ANNEXURE D: | TRUE COPY OF THE FIR DATED 23.10.2014 |
| ANNEXURE E: | TRUE COPY OF THE ORDER DATED 18.11.2014 IN CRL.M.P. NO.3529/14 |
| ANNEXURE F: | TRUE COPY OF THE MEMORANDUM IN WPC NO. 27343/2014. |
| ANNEXURE F: | COPY OF THE SUMMONS DT 18/4/2015 ISSUED TO FIRST PETITIONER (CRL.M.A. NO. 4867/2015) |
| ANNEXURE G: | COPY OF THE SUMMONS DT 18/4/2015 ISSUED TO SECOND PETITIONER. |
| RESPONDENT(S)' E ----------------------------- |
XHIBITS : ----------- |
| ANNEXURE R2(A): | COPY OF THE RELEVANT PAGES OF THE RC BOOK SHOWING THE FINANCE ENDORSEMENT WITH SOANRAJ AND SONS. |
| ANNEXURE R2(B): | COPY OF CHART OF REPAYMENT SCHEDULE ISSUED BY SOANRAJ AND SONS. |
| ANNEXURE R2(C): | COPY OF THE OBJECTION DT 10/12/2013 FILED BY THE PETITIONER BEFORE THE CHAIRMAN RTA AGAINST THE TRANSFER OF PERMIT. |
| ANNEXURE R2(D): | COPY OF THE ORDER DT 10/12/2013 6 ADJOURNING THE APPLICATION FOR TRANSFER OF PERMIT. |
| ANNEXURE R2(E): | COPY OF THE DISCHARGE SUMMERY ISSUED FROM THE DISTRICT HOSPITAL PALAKKAD DT 26/4/2015. |
| ANNEXURE R2(F): | COPY OF THE NEWS ITEM APPEARED MATHRUBOOMI DAILY DT 25/4/2015. |
| //TRUE COPY// | |
| P.A. TO JUDGE |
bp
B. KEMAL PASHA, J.
Crl.M.C. No.2677 of 2015 B
Dated this the 13th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~
What is under challenge is Annexure-D FIR in
Crime No.818/2014 of Kongad Police Station.
that the investigation of the case is over and that stage has
gone. Presently, final report has been filed before the court below in the matter.
With liberty to the petitioner to challenge the final report in case of any grievance in the matter, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/13/10
// True Copy //
PA to Judge
S. KRISHNAKUMAR
SATHEESH KUMAR
STATE OF KERALA
SAJITH C.S.
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
