This Criminal Miscellaneous petition sought to have a special complaint against the petitioner committed to the Sessions Court for joint trial with his main criminal case. The court dismissed the plea because a prior order had quashed the proceedings in the special complaint.
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 K.ABRAHAM MATHEW
WEDNESDAY,THE 12TH DAY OF SEPTEMBER 2018 / 21ST BHADRA, 1940
Crl.MC.No. 1139 of 2017
IN SC 167/2012 of SUB COURT, PALA
IN ST 123/2014 of JUDICIAL MAGISTRATE OF FIRST CLASS, ERATTUPETTA
PETITIONER/S:
C.P.SAHADEVAN
AGED 77 YEARS, S/O.PADMANABHAN, PONNAPARYIL, ELAVEEZHA POONJIRA, MELUKAVU, KOLANI KARA
BY ADV. SRI.S.RAJEEV
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682031(CRIME NO.44/12 OF ERATTUPETTA POLICE STATION,KOTTAYAM DISTRICT)
BY B.JAYASURYA SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.09.2018, ALONG WITH Crl.MC.6102/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioner is the accused in S.C.No. 167 of 2012
on the file of the Assistant Sessions Judge, Pala. He is
alleged to have committed the offences under sections 294b, 308, 324 and 332 IPC. In relation to the incident alleged in the sessions case the petitioner filed a
Crl.MC.No. 1139 of 2017
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complaint in the court of the Judicial Magistrate, Erattupetta. The learned Magistrate took cognizance of the offence under section 323 IPC against the victim in the sessions case and his colleagues and the case was taken on file as S.T.No. 123 of 2014. The prayer in this Crl.M.C is to direct the Magistrate to committ S.T.No. 123 of 2014 to the court of Assistant Sessions Judge so that it may be tried with S.C.No. 167 of 2012.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. By the order passed in the Crl.M.C No. 6102 of 2014 this court has already quashed the proceedings in S.T.No.123 of 2014. So the relief prayed for in this Crl.M.C cannot be granted.
In the result, this Crl.M.C is dismissed.
K.ABRAHAM MATHEW
JUDGE
Crl.MC.No. 1139 of 2017
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APPENDIX
PETITIONER'S/S ANNEXURES :-
ANNEXURE I COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE COURT OF MUNSIFF MAGISTRATE, ERATTUPETTA
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
1 issue framed by the court
Whether the relief sought to commit a quashed special complaint to trials with the main prosecution case could be granted.
C.P. Sahadevan
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
