Disposed

Jaisen N. Thomas v. State of Kerala

Kerala HC4 Jan 2016Crl.MC/8076/2015

Case brief

AI extract

What is this about?

The High Court of Kerala, in this criminal miscellaneous petition, held that arguments concerning false implication and evidence weighing are not suitable for this stage. It directed the petitioner to approach the court below under Section 239 Cr.P.C. for a decision on merits.

What did the court decide?

Petitioner directed to approach the court below under Section 239 Cr.P.C.; present Crl.M.C. disposed without merits.

Jaisen N. Thomas Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

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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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MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937

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Crl.MC.No. 8076 of 2015

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CC 585/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO. 1600/2012 OF CHERANELLOOR POLICE STATION, ERNAKULAM

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PETITIONER:

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JAISE N. THOMAS, AGED 45 YEARS, S/O LATE THOMMY, NELLICKAL HOSUE, ELOOKKARA, MUPPATHADOM P.O., ALUVA-683110.

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BY ADV. SMT.NISHA JOHN

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. S.I. OF POLICE,

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CHERANELLOOR POLICE STATION-682035.

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BY PUBLIC PROSECUTOR SMT.SAREENA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 8076 of 2015

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: TRUE COPY OF F.I.R. NO.1600/12 DATED 16.12.2012.

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ANNEXURE A2: TRUE COPY OF THE JUDGEMENT DATED 6.1.2015 IN WPC NO.16414/14.

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ANNEXURE A3: TRUE COPY OF THE COMPLAINT FILED BY PETITIONER' MOTHER DATED 9.9.2015 BEFORE CIRCLE INSPECTOR OF POLICE, BINANIPURAM.

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ANNEXURE A4: TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT PETITIONER ISSUED FROM THE DISTRICT POLICE OFFICE, ERNAKULAM RURAL.

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ANNEXURE A5: CERTIFIED COPY OF THE CHARGE SHEET NPO.13/13 FILED BY S.I. OF POLICE, CHERANELLOOR POLICE STATION IN JUDICIAL FIRST CLASS MAGISTRATE COURT, II-ERNAKULAM.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.8076 of 2015

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Dated this the 4^th day of January, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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According to the petitioner, the de facto complainant in CC No.585/2015 of the Judicial First Class Magistrate's Court-II, Ernakulam is a habitual offender and a known criminal. It is the case of the petitioner that the case against him is falsely foisted deliberately by the de facto complainant. On going through the records and on hearing the learned counsel for the petitioner, this Court is of the view that the present arguments forwarded by the learned counsel for the petitioner are arguments that can be raised before the court below at the stage of Section 239 Cr.P.C. This Court cannot go into the intrinsic particulars of the evidence collected by the investigating officer and weigh the

Crl.M.C.8076/2015

: 2 :

evidence on merits.

With liberty to the petitioner to approach the court below under Section 239 Cr.P.C., this Crl.M.C. is disposed of. In case of such an application, the court below shall consider it on merits and pass appropriate orders in accordance with law.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/04/01

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// True Copy //

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PA to Judge

Jaisen N. Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaisen N. Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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