In a criminal miscellaneous petition for quashing criminal proceedings, the court refused to entertain the plea, directing the petitioner to approach the trial court for discharge under Section 239 Cr.P.C. instead.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940
Crl.MC.No. 4881 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 64/2016 of ENQ.COMMR. & SPL.JUDGE,TRIVANDRUM
CRIME NO. VC.5/2011 OF VACB, KOLLAM
PETITIONER/S:
KUMARI MAYA
AGED 54 YEARS, W/O. LATE SREEKUMAR, VALIYATHU VEEDU, AYANI SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADV. DR. K.P. SATHEESAN (SR.)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031.
2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, KOLLAM - 691001.
OTHER PRESENT:
BY ADV. SRI. A. RAJESH, SPECIAL PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4881 of 2018
-2-
ORDER
The petitioner is the 3rd accused in C.C. No. 64 of 2016 on the files of the court below. The offences alleged are offences under Section 13(1)(d) read with Section 13 (2) of the P.C. Act and Section 468, 471 and 120 B IPC.
Crl.MC.No. 4881 of 2018
However, if the petitioner files any petition before the court below seeking for discharge, the court below shall consider and dispose of the said petition, in accordance with law. I make it clear that the petitioner shall be at liberty to raise all his contentions, which have been taken in this Crl.M.C., before the court below.
This Crl. M.C. stands disposed of as above.
Dated this the 5th day of September, 2018
Sd/-B. SUDHEENDRA KUMAR, JUDGE .
Appendix
Petitioner's Annexure:
Annexure-I : Certified copy of the final report filed by the 2nd respondent before the Enquiry Commissioner and Special Judge, Thiruvananthapuram dated 30-11-2016 as C.C. No. 64 of 2016
/true copy/
P.S. to Judge
2 issues framed by the court
Whether a petition for quashing proceedings should be entertained when appropriate remedies exist under Cr.P.C.
Whether the petitioner should be directed to approach the trial court for discharge.
3 provisions across 3 enactments
KUMARI MAYA
STATE OF KERALA
THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, KOLLAM
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
