Disposed

Shaji Joseph v. State of Kerala

Kerala HC15 Oct 2015Crl.MC/5759/2015

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition filed under Section 482 Cr.P.C. regarding a warrant trial where charges were unframed. The court directed the petitioner to approach the lower court for discharge under Sections 239 and 240 Cr.P.C. and noted that bail applications should be disposed of immediately with advance notice to the Assistant Public Prosecutor. The petition was c

What the court decided

AI extract

Shaji Joseph Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2015)

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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 B.KEMAL PASHA

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THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937

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Crl.MC.No. 5759 of 2015 ()

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CC 3850/2014 of JUDICIAL FIRST CLASS MAGISTRATE’S COURT, KOTHAMANGALAM

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CRIME NO. 438/2013 OF KOTHAMANGALAM POLICE STATION

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PETITIONER:

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SHAJI, S/O.JOSEPH, AGED 52 YEARS, PADANILAM HOUSE, VADYAMBADI PO, KOLENCHERY, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.A.MARTIN ROY

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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2. MR. SHINJU SCARIA, AGED 34 YEARS, S/O.SCARIA, MANNARATHARA HOUSE, PARACHALAPADI BHAGAM, VARAPETTY VILLAGE, KOZHIPPILLY KARA, KOZHIPPILLY PO.

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3. NIXON, AGED 35 YEARS, S/O.MATHEW, NADUKUDIYIL, KOTHAMANGALAM KARA, KUTHUKUZHY PO, KOTHAMANGALAM VILLAGE.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5759 of 2015 ()

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APPENDIX

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PETITIONER’S ANNEXURES :

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ANNEXURE I:CERTIFIED COPY OF THE PETITION DT. 20.04.2013.

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ANNEXURE II:CERTIFIED COPY OF THE FIR DT. 20.04.2013 IN CRIME NO. 438/2013 OF KOTHAMANGALAM POLICE STATION.

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ANNEXURE III:COPY OF THE PETITION AND SAMPLE SIGNATURE FILED BEFORE THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM DT. 12.03.2014.

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ANNEXURE IV:COPY OF THE PETITION FILED BEFORE THE HONOURABLE HOME MINISTER OF KERALA.

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ANNEXURE V:CERTIFIED COPY OF THE CHARGE SHEET IN CC.NO.3850/2014 OF JUDICIAL FIRSTR CLASS MAGISTRATE COURT, KOTHAMANGALAM DT. 27.06.2014.

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RESPONDENTS' ANNEXURES :

NIL

// True Copy //

P.A. To Judge

DSV/17/10/15

B.KEMAL PASHA, J.

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====================== Crl.M.C. No. 5759 of 2015

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=======================

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Dated this the 15^th day of October, 2015

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O R D E R

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Petitioner is the 2^nd accused in C.C.No.3850 of 2014 of the Judicial First Class Magistrate’s Court, Kothamangalam, which has arisen from Crime No.438 of 2013 of Kothamangalam Police Station for the offences punishable under Sections 406 and 420 IPC read with Section 34 IPC. According to the petitioner, he was not in any way involved in the incident allegedly occurred in the case and that he had no money transactions with the defacto complainant. It is also the case of the petitioner that he had never engaged the other accused for collecting money from anybody.

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While dealing with the matter under Section 482 Cr.P.C., this Court cannot go into the merits of the evidence collected by the investigating officer at present. It is a warrant trial. It has come out that the charges have not been framed by the court

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Crl.M.C. No.5759 of 2015

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below.

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The petitioner can approach the court below with an application seeking discharge at the stage of Section 239 Cr.P.C. In case of such an application, the court below shall consider it and dispose it of in accordance with law at the stage of Sections 239 and 240 Cr.P.C. Further, the court below shall dispose of the application that may be filed by the petitioner seeking bail on the date of filing itself, provided, advance notice is served on the Assistant Public Prosecutor.

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With the said observations, this Crl.M.C. is closed.

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Sd/-

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B.KEMAL PASHA JUDGE

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DSV/15/10/15

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// True Copy //

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P.A. To Judge

Shaji Joseph v. State of Kerala

Case brief

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Shaji Joseph v. State of Kerala

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