Dismissed

K.J.Jacob v. the State of Kerala

Kerala HC7 Mar 2018Crl.MC/1306/2018

Case brief

AI extract

What is this about?

The Kerala High Court declined to entertain a criminal miscellaneous petition seeking quashing of a final report. It directed the petitioner to approach the trial court for discharge under Section 239 Cr.P.C. and ordered a stay on personal appearance.

What did the court decide?

The criminal miscellaneous case is closed and the petitioner must approach the court below for discharge under Section 239 Cr.P.C.

K.J.Jacob Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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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.SUDHEENDRA KUMAR

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WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939

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Crl.MC.No. 1306 of 2018

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CC 323/2016 of COURT OF ENQUIRY COMMNR. & SPL. JUDGE, EKM AT MUVATTUPUZHA

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CRIME NO. 7/2002 OF VACB, KOTTAYAM

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PETITIONER(S)/ACCUSED NO. 10

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K.J.JACOB S/O. CHACKO, KALAMPUKATTU HOUSE, PAZHOOR, PIRAVAM, ERNAKULAM DISTRICT.

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BY ADV.SRI.BABU S. NAIR

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RESPONDENT(S)/STATE:

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THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031 - FOR THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, EASTERN RANGE, KOTTAYAM.

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BY PUBLIC PROSECUTOR SPECIAL PUBLIC PROSECUTOR SRI.A.RAJESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1306 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A TRUE COPY OF THE F.I.R.IN V.C.NO. 7/2002 OF THE V.A.C.B., KOTTAYAM. ANNEXURE B TRUE COPY OF THE CHARGE IN V.C.NO. 7/2002 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MOOVATTUPUZHA ALONG WITH A MEMO OF EVIDENCE AND REPORT. ANNEXURE C TRUE COPY OF THE STATEMENT OF CW1, THE THEN R.D.O.OF DEVIKULAM, DATED , 07.05.2005.

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B. SUDHEENDRA KUMAR, J.

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--------------------------------

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Crl.M.C. No.1306 of 2018

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Dated this the 7^th day of March, 2018

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O R D E R

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The petitioner is the accused in C.C.No.323/2016 on the files of the Court of the Enquiry Commissioner and Special Judge, Muvattupuzha. The offences alleged are offences punishable under Sections 409 and 120 B r/w Section 34 IPC and Section 13(1)(d) r/w Section 13(2) of the P.C. Act.

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This Crl.M.C. has been filed praying for quashing the final report and further proceedings against the petitioner in the above case.

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Heard.

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The learned counsel for the petitioner has submitted that there is no material to connect the petitioner with the offence alleged and hence the final report and further proceedings against the petitioner are to be quashed.

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Having heard both sides, I am of the view that since the final report and the documents produced by the

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Crl.M.C. No.1306 of 2018

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-: 2 :-

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prosecution are before the court below, the petitioner shall be at liberty to raise all his contentions before the court below and plead for discharge under Section 239 Cr.P.C. For the said reason, I am not inclined to entertain this Crl.M.C. Accordingly, this Crl.M.C. stands closed.

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I make it clear that the court below shall consider all the contentions of the petitioner in accordance with law, while considering the plea for discharge under Section 239 Cr.P.C.

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The petitioner shall be granted exemption from personal appearance before the court below on all posting dates, except when his presence is necessary for the progress of the case, if the petitioner files application in this regard before the court below after his appearance in person before the court below within two months from today.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY// //P.A. TO JUDGE//

K.J.Jacob v. the State of Kerala

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K.J.Jacob v. the State of Kerala

Case brief

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