The Court dismissed the merged prayers regarding the delay in disposing of the passport impoundment application from Annexure-14 but directed the Magistrate to consider it in terms of Shanavas Babu judgment.
Direction to the Magistrate to consider the application for passport impoundment and address the Passport Authority.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF APRIL 2016/18TH CHAITHRA, 1938
Crl.MC.No. 1488 of 2013
ST 276/2010 of J.M.F.C.,THIRUVALLA
PETITIONER/COMPLAINANT:
JOSEPH KOSHY
POOTHICOT, CITY TOWERS, T.K.ROAD, THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.P.HARIDAS
RESPONDENTS/STATE/ACCUSED 1 & 2.:
THIRUVANANTHAPURAM-695 001.
THUKALASSERY MURI, THIRUVALLA-689 101.
C.V.PHILIPOSE & SONS, CROSS JUNCTION, THIRUVALLA-689 101.
BY PUBLIC PROSECUTOR SMT.V.H. JASMINE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1488 of 2013 ()
APPENDIX
ANNEXURES
ANNEXURE-14 TRUE COPY OF THE PETITIONER FILED BY THE PETITIONER BEFORE THE LEARNED MAGISTRATE, THIRUVALLA DATED 8.4.2013
//True Copy//
P.S.To Judge
RAJA VIJAYARAGHAVAN.V., J
ORDER
1.The limited prayer in this petition filed by the complainant, who is an octogenarian, is to issue necessary directions to the Judicial Magistrate of First Class, Thiruvalla, to secure the attendance of respondent No 4, who is keeping himself scarce in the proceedings pending before the said Court.
2.The respondent No. 4 is the Managing Director of the 5th respondent Company and there were monetary transactions between the 4th and 5th accused on one side and the complainant, his wife and daughter on the other side. To discharge the liabilities, cheques were issued by the 4th respondent which were dishonored on presentation. Annexure-1 to 14 are the complaints filed before the learned Magistrate. Steps taken by the learned
Crl..M.C.1488 of 2013
2
Magistrate to ensure the appearance of the prime accused has reached a bottle neck as he is hiding in foreign countries. Only way to secure his appearance is to impound the passport for which Annexure - 14 application was filed before the learned Magistrate. Orders have not been passed till date and the only prayer in this petition is to direct the learned Magistrate to pass orders on Annexure - 14.
are pending against the accused in the above cases.
4.The learned counsel relies on the judgment of this Court in Shanavas Babu v. State of Kerala (2012 (2) KLD 416) to advance his contentions. According to the learned counsel, the complaints were all filed in 2009 and till date, the accused have not appeared before Court and he is secreting
Crl..M.C.1488 of 2013
3
himself abroad. If necessary steps are not taken to impound the passport, the proceedings will drag on.
I find merit in the submission of the learned counsel. The learned counsel asserts that Annexure
14 application has not been disposed of till date.
5.In view of the above, I direct the learned Magistrate to consider Annexure-14 application in terms of the judgment in Shanavas Babu (supra)
and address the Passport authority to take necessary steps to impound the passport in accordance with law.
Crl.M.C is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN.V. Judge
Mrcs/7.4.2016
//True Copy//
P.S.To Judge
2 issues framed by the court
Whether the learned Magistrate should be directed to consider the application for passports impoundment to secure the accused's attendance.
Whether the prosecution can extend its request to the Passport Office to prevent the accused from evading legal process.
Colour shows how this judgement treated each authority
Shanavas Babu v. State of KeralaExplained¶45
Shanavas Babu v. State of Kerala (2012 (2) KLD 416)
1 provisions across 1 enactments
Joseph Kosh
State of Kerala
C.P. John alias Boban S/o.C.V. Philipose
M/s.C.V.P.Realtors Private Limited
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
