Disposed

Shiju K. v. Kurian Koshy

Kerala HC3 Apr 2018Crl.MC/1127/2018

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a criminal miscellaneous application seeking to quash criminal proceedings. The court held that since the petitioner had not challenged the charge framing order first, the quashing prayer was not maintainable, granting time to challenge it.

What did the court decide?

Crl.M.C. disposed of; trial adjourned for two months; time granted to challenge charge framing order.

Shiju K. Vs Kurian Koshy — Kerala HC (2018) — LawSathi Research

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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Crl.MC.No. 1127 of 2018

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CC.NO.2613/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,AMBALAPPUZHA CRIME NO.580/2010 OF PUNNAPRA POLICE STATION,ALAPPUZHA DISTRICT

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PETITIONER/3RD ACCUSED:

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SHIJU K., S/O.LAKSHMANAN, NO.28A, AV GARDENS, MALLES AV GARDEN, LAVENDER STREET, MUGALIVAKKAM, CHENNAI-600 125.

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BY ADV.SRI.A.KRISHNAN

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RESPONDENT(S)/COMPLAINANT & STATE:

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1. KURIAN KOSHY, MANAGING PARTNER, VENICE DIAGNOSTIC, XI/349E, MKY PROVIDENCE, VANDANAM, NEAR MEDICAL COLLEGE HOSPITAL, ALAPPUZHA-688 005.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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R2 BY PUBLIC PROSECUTOR SMT.K.K.SHEEBA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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5/4/2018

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Crl.MC.No. 1127 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A CERTIFIED COPY OF THE COMPLAINT DATED 08.10.2012. ANNEXURE B COPY OF THE FINAL REPORT. ANNEXURE C TRUE COPY OF THE COMPLAINT FILED BEFORE THE CONSUMER STATE COMMISSION IN C.C.NO.2 OF 2011. ANNEXURE D TRUE COPY OF THE VERSION FILED IN ANN. C. ANNEXURE E TRUE COPY OF THE ORDER IN ANN. C.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

5/4/2018

K.ABRAHAM MATHEW, J.

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Crl.M.C.No.1127 of 2018

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Dated this the 3^rd day of April, 2018 ORDER

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The petitioner is the 3^rd accused in C.C.No.2613 of 2014 on the file of the Judicial First Class Magistrate Court, Ambalappuzha. The prayer is to quash the proceedings in the criminal case. The ground stated is that in the complaint his name is shown as Managing Director of the Company and the facts of the case do not constitute no offence.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted that charge was framed and summons has been issued to the witnesses. Petitioner has not challenged the order framing charge. So his prayer to quash the proceedings in the trial court cannot be allowed. In the final report named accused are arrayed in the party array. The learned counsel submits that the petitioner may be granted time to challenge the order framing charge. I think that the request is reasonable. In the result, this Crl.M.C is disposed of directing the trial court to adjourn the trail of the case for two months from today. Within this period if the

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Cr.M.C.No.1127/18

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petitioner does not file proceedings challenging the order framing the charge or does not obtain a stay the trial court shall

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proceed with the trial.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE.

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True copy

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P.A to Judge

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Shiju K. v. Kurian Koshy

Case brief

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Shiju K. v. Kurian Koshy

Case brief

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