Disposed

K.N.Vijayasankar Raja v. Kurian Koshy

Kerala HC3 Apr 2018Crl.MC/1446/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the petitioner's prayer to quash criminal proceedings, noting they were not personally named in the complaint or FIR but were arrayed in the charge sheet. The court granted time to file a challenge against the charge-framing order.

What did the court decide?

The trial court was directed to adjourn the trial for two months, giving petitioners time to challenge the order framing the charge.

K.N.Vijayasankar Raja Vs Kurian Koshy — 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 K.ABRAHAM MATHEW

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

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Crl.MC.No. 1446 of 2018

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*CC.NO.2413/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,AMBALAPPUZHA (CORRECTED)

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*THE LOWER COURT CASE NO,''CC.NO.2413 OF 2013'' OCCURRING IN CRL.MC IS CORRECTED AND SUBSTITUTED AS ''CC.NO.2613 OF 2014'' AS PER ORDER DATED 12/3/2018 IN CRL.MA.NO.2380/2018.

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CRIME NO. 580/2010 OF PUNNAPRA POLICE STATION,ALAPPUZHA DISTRICT

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PETITIONER(S)/ACCUSED 1 & 2:

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1 VIJAY SANKAR RAJA, S/O.NAVANEETHA KRISHNA RAJA, NO.85, C IN C ROAD, CHENNAI - 600 125.

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2 SUNDAR EASWAR B.,

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NO. 3B F1, K.G GREEN MEDOWS, 5C, AANDAAL NAGAR, 1ST MAIN ROAD, ADAMPAKKAM, CHENNAI - 600 088.

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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 SRI.T.R.RENJITH

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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. 1446 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A TRUE COPY OF THE COMPLAINT DATED 08.10.2012. ANNEXURE B TRUE 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

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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.1446 of 2018

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

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The petitioners are 1^st and 2^nd 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 none of the petitioners herein were personally named by the complainant either in his complaint or even in the First Information Statement.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted that charge was framed and summons has been issued to the witnesses. Petitioners have not challenged the order framing charge. So their 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 petitioners 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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Crl.M.C.1446/18

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petitioners do not file proceedings challenging the order framing the charge or do not obtain a stay, the trial court shall 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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K.N.Vijayasankar Raja v. Kurian Koshy

Case brief

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K.N.Vijayasankar Raja v. Kurian Koshy

Case brief

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