Disposed
Jagannatha Prasad v. Mr.Rajendra Prasad
Kerala HCCrl.MC/7169/2017
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
What the court decided
AI extract
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
WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939
Crl.MC.No. 7169 of 2017
-----------------------
CMA 335/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III,
KOTTAYAM CRIME NO. 1559/2014 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT
PETITIONER/1ST ACCUSED :
JAGANNATHA PRASAD,AGED 61 YEARS, S/O. SAHADEVAN, C.S. SADANAM, KODIMATHA,
KOTTAYAM 680 001.
BY ADVS.SRI.T.G.RAJENDRAN
SRI.T.R.TARIN
SMT.ANN SUSAN GEORGE
RESPONDENT/COMPLAINANT AND STATE.:
--------------------------------
1. MR.RAJENDRA PRASAD,
AGED 63 YEARS, S/O. SAHADEVAN, A44 BROOK HEAVEN, JVL ROAD, JOGESHWARI EAST, MUMBAI-60, NOW RESIDING AT C C, CENTURY TOWERS, M C ROAD, KOTTAYAM-1.
2. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT.
3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY SRI.S.SREEKUMAR SENIOR ADVOCATE
BY ADVS. SRI.KARJET KODUVATH
SRI.S.NIDHEESH
R2 & R3 BY PUBLIC PROSECUTOR SRI.AMJATH ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 7169 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE I |
TRUE COPY OF THE FIRST INFORMATION REPORT DATED 17.9.2014 IN CRIME NO. 1559/2014 . |
|---|---|
| ANNEXURE II |
THE TRUE COPY OF THE COMPLAINT DATED 19.6.2014 FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COUT, III, KOTTAYAM. |
| ANNEXURE III |
COPY OF THE JUDGEMENT IN CRL. M.C NO. 3744/15 OF THIS HON'BLE COURT. |
| ANNEXURE IV | COPY OF THE FINAL REPORT. |
| ANNEXURE V |
TRUE COPY OF THE COMMON JUDGMENT DATED 17.10.1998 IN O.S.NO. 345/87 AND 1291/92 . |
| ANNEXURE VI |
THE TRUE COPY OF THE I.A.NO. 2460/2012 IN O.S.NO. 345/1987 FILED BY THE 1ST RESPONDENT. |
| ANNEXURE VII |
TRUE PHOTOCOPY OF THE I.A. NO. 2461/2012 IN O.S.NO. 345/1987 FILED BY THE 1ST RESPONDENT. |
| ANNEXURE VIII |
THE TRUE COPY OF THE COMMON ORDER IN I.A. NO. 2460/12 AND I.A. NO. 2461/2012 IN O.S. NO. 345/1987. |
| ANNEXURE IX |
THE TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE KOTTAYAM MUNICIPALITY DATED 21.1.1997. |
| ANNEXURE X |
THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY DISTRICT REGISTRAR, KOTTAYAM. |
| ANNEXURE XI |
THE TRUE COPY OF THE UNDER VALUATION NOTICES DATED 28/7/1998 ISSUED BY DISTRICT REGISTRAR GENERAL, KOTTAYAM. |
| ANNEXURE XII | THE TRUE COPY OF THE PASSPORT OF THE PETITIONER. |
| ANNEXURE XIII |
TRUE COPY OF THE APPLICATION DATED 10.6.2013 SUBMITTED BY THE PETITIONER. |
| ANNEXURE XIV |
THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MUNICIPALITY KOTTAYAM ON 9.7.2013. |
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.7169 of 2017
Dated this the 17th day of January, 2018
O R D E R
~ ~ ~ ~ ~ ~
Heard learned counsel for the petitioner and learned Senior Counsel for the 1st respondent.
With liberty to the petitioner to take up all these
Crl.M.C.7169/2017
: 2 :
contentions before the trial court at appropriate stage through appropriate proceedings either at the stage of Section 239 Cr.P.C., if that stage is not over, or during trial, this Crl.M.C. is disposed of.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/17/01
// True Copy //
PS to Judge
JAGANNATHA PRASAD
MR. RAJENDRA PRASAD
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
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