This single-paragraph order refused to entertain the petitioner's arguments on legal and factual controversies at the admission stage, holding that the prosecution case requires proof of evidence before the trial court.
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 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939
Crl.MC.No. 3491 of 2016 ----------------------CC 446/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR CRIME NO. 19/2011 OF TOWN EAST POLICE STATION , THRISSUR ----------
PETITIONER/ACCUSED
CHANDRASHEKHARAN, AGED 66 YEARS, S/O.AYYAPPA PANICKAR, PARIYARIKKAL HOUSE, "CHANDRA PRABHA", A/9, VINPIN NAGAR, P.O.EAST FORT, PARAVATTANI DESAM, THRISSUR, THRISSUR DISTRICT,PIN-680 005.
BY ADVS.SRI. G.SUDHEER SRI.RAJAN VISHNURAJ
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. JOY CHELLAKUDAM, AGED 64 YEARS, S/O.DEVASSY, PUTHUSSERY CHELLAKUDAM HOUSE, FLAT NO.402, MAYA HEIGHTS, PATTURAIKKAL DESOM, POONKUNNAM, THRISSUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680 002.
R1 BY PUBLIC PROSECUTOR SRI ALEX M THOMBRA R2 BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.N.U.HARIKRISHNA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 3491 of 2016 ()
| PETITI ------ |
ONER(S)' ANNEXURES ------------------ |
|
|---|---|---|
| A1 |
THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME 19/2011 OF THRISSUR TOWN EAST POLICE STATION ALONG WITH THE PRIVATE COMPLAINT. |
|
| A2 |
THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE POLICE IN C.C.NO.446/2011 BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.I, THRISSUR. |
|
| A3 |
THE TRUE PHOTOCOPY OF THE SALE AGREEMENT DATED 16.10.2009, WHICH WAS REGISTERED AS PER NO.3945/2009 OF THRISSUR SRO. |
|
| A4 |
THE TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.1589/2010 DATED 15.11.2010. |
|
| A5 |
THE TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.372/2011 DATED 09.03.2011. |
|
| A6 |
THE TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO.529/2011 FILED IN THE MONTH OF APRIL 2011. |
|
| A7 |
THE TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT FILED BY THE PETITIONER HEREIN BEFORE THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR AS C.M.P.NO.1235/2012 IN WHICH COGNIZANCE WAS TAKEN BY THE COURT AND NUMBERED AS C.C.NO.499/2014. |
|
| RESPON ------ |
DENTS ANNEXURES: NIL --------------- |
|
| /TRUE COPY/ | ||
| K.V. 27.02. |
2018 |
P.S.TO JUDGE |
B. KEMAL PASHA, J.
Crl.M.C.No.3491 of 2016
Dated this the 27th day of February, 2018
O R D E R
The petitioner is the accused in C.C.No.446/2011 of the Judicial First Class Magistrate's Court-I, Thrissur, based on Annexure-A2 final report in Crime No.19/2011 of the Thrissur East Police Station, for the offences under Sections 405, 406, 415, 418, 420 and 423 IPC. The arguments presently advanced by the learned counsel for the petitioner are clearly mixed questions of law and facts. The prosecution case has to be established through evidence before the court below. The present stage is too premature to consider the arguments forwarded by the learned counsel for the petitioner. Let the petitioner face the trial.
With liberty to the petitioner to take up all these contentions before the trial court at appropriate stage, this Crl.M.C. is disposed of.
Sd/-
B.KEMAL PASHA, JUDGE
sd
Chandrashakheran
State of Kerala
Joy Chellakudam
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
