Accused challenged criminal proceedings alleging false implication arising from civil litigation disputes. Court held merits remain for trial court but directed return of disputed witness affidavits for speedy disposal.
Return of prosecution affidavits to petitioner to produce before trial court; trial court directed to dispose case expeditiously.
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 8TH DAY OF MARCH 2016/18TH PHALGUNA, 1937
Crl.MC.No. 922 of 2016
CC 502/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA CRIME NO. 121/2011 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
CHRIST BABU, AGED 44 YEARS, SON OF NELSON, NEDUVANKUNNU, VELLARADA, THIRUVANANTHAPURAM.
BY ADVS.SMT.K.P.SANTHI
SRI.R.JAYAKRISHNAN (MUTHUKULAM) SMT.E.U.DHANYA
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SHAIJU,
S/O.MARIADAS, ROADARIKATHU VEEDU, NEDUVANKUNNU, KILIYOOR, VELLARADA 695 505.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 922 of 2016
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-I: TRUE COPY OF THE FIR IN CRIME NO.121 OF 2011 OF THE VELLARADA POLICE STATION.
ANNEXURE-III:TRUE COPY OF THE JUDGEMENT IN OS NO.57 OF 2010 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA.
ANNEXURE-IV: TRUE COPY OF THE REFER REPORT IN FIR NOS. 80 OF 2009 OF THE VELLARADA POLICE STATION.
ANNEXURE-V: TRUE COPY OF THE REFER REPORT IN CRIME NO.263 OF 2011 OF THE VELLARADA POLICE STATION.
ANNEXURE-VI:TRUE COPY OF THE AFFIDAVITS SWORN TO BY SHAIJUKUMAR SIC. SHIBUKUMAR (CW2).
ANNEXURE-VII: TRUE COPY OF THE AFFIDAVITS SWORN TO BY MADHU (CW4).
ANNEXURE-VIII:TRUE COPY OF THE AFFIDAVITS SWORN TO BY VISHNU (CW4).
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
Crl.M.C. No.922 of 2016
Dated this the 8th day of March, 2016
~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioner and learned Public Prosecutor.
the Judicial First Class Magistrate's Court-III, Neyyattinkara, which has arisen from Crime No.121/2011 of the Vellarada Police Station, for the offences under Sections 341, 323, 324 and 506(ii) IPC.
Crl.M.C.922/2016
: 2 :
onwards, the enmity of the 2nd respondent towards the petitioner commenced. Earlier, two crimes were registered at the instance of the relatives of the 2nd respondent, and the police, after investigation, have referred both the said crimes as false. It is argued that even thereafter, the harassment from the part of the 2nd respondent continues and the present case is also one among it.
Crl.M.C.922/2016
: 3 :
said aspects. The present stage is too premature to conclude that the allegations against the petitioner are false. At the same time, the present contentions can be taken up by the petitioner before the court below at appropriate stage. The petitioner can produce these affidavits before the court below to show his bonafides .
With liberty to the petitioner to take up these contentions before the trial court at appropriate stage, this Crl.M.C. is disposed of. Registry is directed to return Annexurea-AVI to AVIII affidavits to the learned counsel for the petitioner for enabling him to produce those affidavits before the court below. The court below can take the case out of turn and dispose it of expeditiously.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/08/03
// True Copy //
PA to Judge
2 issues framed by the court
Whether to quash criminal proceedings in which petitioner claims false implication due to antecedent civil litigation.
Whether affidavits submitted by prosecution witnesses showing they did not witness the incident should be accepted at this stage.
Colour shows how this judgement treated each authority
None mentioned in textReferred
1 provisions across 1 enactments
Christ Babu
State of Kerala
Shaiju
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
