This order dismissed the criminal miscellaneous petition. The bench held that the petitioner's contentions should be raised during the trial before the court below and disposed of the Crl.M.C. with liberty to the petitioner to take up those contentions during the trial.
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
THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937
Crl.MC.No. 1234 of 2015 ()
(AGAINST THE ORDER DATED 04.12.2014 IN C.M.P.NO.3762/2012 IN S.T.NO.2197/2009 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM)
PETITIONER(S)/1ST ACCUSED :
T.P.RAMAKRISHNAN, DISTRICT SECRETARY, COMMUNIST PARTY OF INDIA (MARXIST) C.H.KANARAN SMARAKA MANDIRAM, KOZHIKODE.
BY ADVS.SRI.P.V.KUNHIKRISHNAN SMT.PRIYANKA VARGHESE
RESPONDENT(S)/COMPLAINANT/7TH ACCUSED & STATE :
1. K.K.KUNHIKANARAN S/O.CHATHU, 'RESHMI', P.O.CHERUPA MAVOOR, KOZHIKODE - 673 014.
2. THE CHIEF EDITOR, TEJAS NEWSPAPER, MEENCHANDA P.O., KOZHIKODE - 673 012.
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 673 031.
R1 BY ADV. SRI.P.SANJAY R3 BY SMT.SAREENA GEORGE, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AMV
: 2 :
Crl.MC.No. 1234 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS :
ANNEXURE A: COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT DATED NOVEMBER, 2008 AS S.T.NO. 197/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM.
ANNEXURE B: COPY OF THE JUDGMENT DATED 04/07/2011 IN CRL.M.C.NO. 1323/2010.
ANNEXURE C: COPY OF THE PETITION FILED BY THE PETITIONER DATED 21/07/2012 AS C.M.P.NO. 3762/2012 IN S.T.NO. 2197/2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM.
ANNEXURE D: COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT DATED 28/09/2012.
ANNEXURE E: COPY OF THE ORDER DATED 04/12/2014 IN C.M.P.3762/2012 IN S.T.NO. 2197/2009 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM.
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A.TO JUDGE
AMV
B. KEMAL PASHA, J.
-------------------------------Crl.M.C.No.1234 of 2015
Dated this the 10th day of March, 2016
ORDER
What is under challenge is Annexure-E order passed by the court below in C.M.P.No.3762 of 2012 in S.T.No.2197 of 2009.
With liberty to the petitioner to take up all these contentions before the trial court during trial, this Crl.M.C. is disposed of.
Sd/B. KEMAL PASHA JUDGE
AMV/10/3/2016 +++
T.P.RAMAKRISHNAN
K.K.KUNHIKANARAN
THE CHIEF EDITOR, TEJAS NEWSPAPER
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
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