Allowed

Suo Motu v. State of Kerala

Kerala HC20 Dec 2018Crl.RC/2440/2018

Case brief

AI extract

What is this about?

Suo motu criminal revisions against orders of discharge under Section 258 Cr.P.C. in summary trial cases for traffic offences. The Magistrate had closed proceedings because the accused was absconding without issuing warrants or recording service. The High Court set aside the orders as patently illegal and directed the Magistrate to restore the cases and proceed in accordance with law.

What did the court decide?

Discharge orders set aside; Magistrate directed to take back the summary trial cases on file and proceed in accordance with law.

Suo Motu Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

¶5

Crl.RC.No. 2361 of 2018

¶6

AGAINST THE ORDER/JUDGMENT IN ST 3059/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶7

ACCUSED:

¶8

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶9

COMPLAINANTS:

¶10

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1090/2013

¶11

2 YESUDASAN, S/O.PETER, RESETTLEMENT COLONY, SNEHA THEERAM NAGAR161,PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE.

¶12

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶13

THIS CRIMINAL REVISION CASE HAVING BEEN FINALLY HEARD ON 20.12.2018, ALONG WITH Crl.RC.2362/2018, Crl.RC.2364/2018, Crl.RC.2366/2018, Crl.RC.2370/2018, Crl.RC.2372/2018, Crl.RC.2373/2018, Crl.RC.2374/2018, Crl.RC.2375/2018, Crl.RC.2376/2018, Crl.RC.2377/2018, Crl.RC.2378/2018, Crl.RC.2380/2018, Crl.RC.2381/2018, Crl.RC.2382/2018, Crl.RC.2386/2018, Crl.RC.2388/2018, Crl.RC.2389/2018, Crl.RC.2390/2018, Crl.RC.2391/2018, Crl.RC.2392/2018, Crl.RC.2393/2018, Crl.RC.2394/2018, Crl.RC.2396/2018, Crl.RC.2398/2018, Crl.RC.2400/2018, Crl.RC.2401/2018, Crl.RC.2402/2018, Crl.RC.2405/2018, Crl.RC.2406/2018, Crl.RC.2410/2018, Crl.RC.2412/2018, Crl.RC.2415/2018, Crl.RC.2417/2018, Crl.RC.2418/2018, Crl.RC.2425/2018, Crl.RC.2427/2018, Crl.RC.2428/2018, Crl.RC.2431/2018, Crl.RC.2440/2018, Crl.RC.2443/2018, Crl.RC.2444/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Crl.R.C.2361 of 2018 & Conn.Cases 2

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶18

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶19

Crl.RC.No. 2362 of 2018

¶20

AGAINST THE ORDER/JUDGMENT IN ST 2830/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶21

ACCUSED:

¶22

SUO MOTU

¶23

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶24

COMPLAINANTS:

¶25

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.518/2013

¶26

2 SAJAN

¶27

S/O.SUNNO FERNANDEZ, MANGALATH VEEDU, NEASR DIESEL PUMP, BHARAN MUKKU, AZEEKKAL, ALAPPAD VILLAGE

¶28

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶29

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶30

Crl.R.C.2361 of 2018 & Conn.Cases 3

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

¶33

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶34

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶35

Crl.RC.No. 2364 of 2018

¶36

AGAINST THE ORDER/JUDGMENT IN ST 3374/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶37

ACCUSED:

¶38

SUO MOTU

¶39

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶40

COMPLAINANTS:

¶41

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.50/2015

¶42

2 NOUSHAD S/O. SALAHUDEEN, THODIYIL PYRAYIDAOM, SANGAM NAGAR95,PALLITHOTTAM, KOLLAM WEST.

¶43

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶44

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶45

Crl.R.C.2361 of 2018 & Conn.Cases 4

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶49

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶50

Crl.RC.No. 2366 of 2018

¶51

AGAINST THE ORDER/JUDGMENT IN ST 2450/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶52

ACCUSED:

¶53

SUO MOTU

¶54

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶55

COMPLAINANTS:

¶56

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM CR.279/2013.

¶57

2 SUJITH, S/O.SUDARSANAN,PADANNA VADAKKATHIL VEEDU, NEAR TAGORE JN. NEENDAKARA CHERI, NEENDAKARA VILLAGE

¶58

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶59

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶60

Crl.R.C.2361 of 2018 & Conn.Cases 5

¶61

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶62

PRESENT

¶63

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶64

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶65

Crl.RC.No. 2370 of 2018

¶66

AGAINST THE ORDER/JUDGMENT IN ST 3246/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶67

ACCUSED:

¶68

SUO MOTU

¶69

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶70

COMPLAINANTS:

¶71

1 STATE OF KERALA

¶72

REPRESENTED BY THE SUB INSPECTOR OF POLICE PALLILTHOTTAM, CR.1369/2014

¶73

2 ANAZ,

¶74

S/O. NAVAS, KALLUMPURATHU VADAKKATHIL, KIDANGAYIL CHERI, SASTHAMCOTTA VILLAGE,

¶75

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶76

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶77

Crl.R.C.2361 of 2018 & Conn.Cases 6

¶78

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶79

PRESENT

¶80

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶81

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶82

Crl.RC.No. 2372 of 2018

¶83

AGAINST THE ORDER/JUDGMENT IN ST 2854/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶84

ACCUSED:

¶85

SUO MOTU

¶86

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶87

COMPLAINANTS:

¶88

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.587/2013.

¶89

2 MUHAMMED SADIQUE S/O. IBRAHIMKUTTY, SHAMNAD MANZIL, NEAR AMMACHAN MUKU, LAKSHMIPURAM CHERI, ERAVIPURAM VILLAGE,

¶90

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶91

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶92

Crl.R.C.2361 of 2018 & Conn.Cases 7

¶93

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶94

PRESENT

¶95

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶96

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶97

Crl.RC.No. 2373 of 2018

¶98

AGAINST THE ORDER/JUDGMENT IN ST 3074/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶99

ACCUSED:

¶100

SUO MOTU

¶101

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶102

COMPLAINANTS:

¶103

1 STATE OF KERALA

¶104

REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1164/2013.

¶105

2 SANIL,

¶106

S/O.SASI, NARANGAVILA VEETTIL, NEAR B.R.M.SCHOOL,MELOTTU MUKKU,MELILA VILLAGE, MELILA CHERI, CHEGAMANADU.

¶107

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶108

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶109

Crl.R.C.2361 of 2018 & Conn.Cases 8

¶110

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶111

PRESENT

¶112

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶113

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶114

Crl.RC.No. 2374 of 2018

¶115

AGAINST THE ORDER/JUDGMENT IN ST 2858/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶116

ACCUSED:

¶117

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶118

COMPLAINANTS:

¶119

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.610.2013.

¶120

2 FELIX WILSON, S/O.CHANDRA, TRINITY GARDENS, SNEHA NAGAR86,KAILKULANGARA CHERI, KOLLAM WEST VILLAGE.

¶121

NIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶122

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶123

Crl.R.C.2361 of 2018 & Conn.Cases 9

¶124

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶125

PRESENT

¶126

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶127

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶128

Crl.RC.No. 2375 of 2018

¶129

AGAINST THE ORDER/JUDGMENT IN ST 3173/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶130

ACCUSED:

¶131

SUO MOTU, AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.9.2017

¶132

COMPLAINANTS:

¶133

1 STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST,CR.1603/2014

¶134

2 BINU @ VINOD, S/O.JOHNSON, KADAPPURAM PURAMBOKKU, THANKASSERY, KAIKULANGARA.

¶135

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶136

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶137

Crl.R.C.2361 of 2018 & Conn.Cases 10

¶138

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶139

PRESENT

¶140

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶141

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶142

Crl.RC.No. 2376 of 2018

¶143

AGAINST THE ORDER/JUDGMENT IN ST 3376/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶144

ACCUSED:

¶145

SUO MOTO PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶146

COMPLAINANTS:

¶147

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.1603/2014

¶148

2 VIPIN RAJ @ ANIMON, (AS VERIFIED WITH CHARGE SHEET),S/O.VIJAYAN, KOPPARA VEEDU, SANKARAN NAGAR-102,APPOPPAN NADA, MANGADU CHERY, MANGADU VILLAGE.

¶149

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶150

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶151

Crl.R.C.2361 of 2018 & Conn.Cases 11

¶152

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶153

PRESENT

¶154

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶155

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶156

Crl.RC.No. 2377 of 2018

¶157

AGAINST THE ORDER/JUDGMENT IN ST 3316/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶158

ACCUSED:

¶159

SUO MOTU

¶160

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶161

COMPLAINANTS:

¶162

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.08/2015.

¶163

2 RATHEESH

¶164

S/O.GOPALAKRISHNAN, KALLELIVAYAL PURAYIDOM, NEAR WEST SIDE OF DEVAMATHA SCHOOL, ALTHARAMOODU, KAIKULANGARA CHERI, KOLLAM, WEST VILLAGE.

¶165

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶166

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶167

Crl.R.C.2361 of 2018 & Conn.Cases 12

¶168

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶169

PRESENT

¶170

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶171

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶172

Crl.RC.No. 2378 of 2018

¶173

AGAINST THE ORDER/JUDGMENT IN ST 3387/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶174

ACCUSED:

¶175

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.9.2017.

¶176

COMPLAINANTS:

¶177

1 STATE OF KERALA

¶178

REPRESENTED BY TEH SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC, CR.159/2012.

¶179

2 SHIBU

¶180

S/O CHANDRABOSE, N.R.NIVAS, NEAR MAYYANDU RAILWAY STATION, VALATHUNGAL CHERI, MAYYANADU VILLAGE.

¶181

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶182

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶183

Crl.R.C.2361 of 2018 & Conn.Cases 13

¶184

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶185

PRESENT

¶186

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶187

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶188

Crl.RC.No. 2380 of 2018

¶189

AGAINST THE ORDER/JUDGMENT IN ST 3107/2018 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶190

ACCUSED:

¶191

SUO MOTU

¶192

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶193

COMPLAINANTS:

¶194

1 STATE OF KERALA

¶195

REP BYTHE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1158/2014.

¶196

2 RAHULJITH

¶197

S/O SATHEESH, ASWATHY BHAVAN, NEAR THEKKE VEETTIL MUKKU, CHITTAYAM CHERI, PANAYAM VILLAGE.

¶198

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶199

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶200

Crl.R.C.2361 of 2018 & Conn.Cases 14

¶201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶202

PRESENT

¶203

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶204

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶205

Crl.RC.No. 2381 of 2018

¶206

AGAINST THE ORDER/JUDGMENT IN ST 3137/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶207

ACCUSED:

¶208

SUO MOTU

¶209

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 19.09.2017

¶210

COMPLAINANTS:

¶211

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1264/2014.

¶212

2 AJI

¶213

S/O KARLOS, SNEHATHEERAM NAGAR-251, PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE.

¶214

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶215

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶216

Crl.R.C.2361 of 2018 & Conn.Cases 15

¶217

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶218

PRESENT

¶219

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶220

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶221

Crl.RC.No. 2382 of 2018

¶222

AGAINST THE ORDER/JUDGMENT IN ST 3425/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶223

ACCUSED:

¶224

SUO MOTU

¶225

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶226

COMPLAINANTS:

¶227

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR O POLICE, KOLLAM TRAFFIC, CR.2467/2012.

¶228

2 SHAHUL HAMEED, S/O.JALALUDHEEN, PALLI PADINJATTATHIL, NEAR MOSQUE, KERALAPURAM CHERI, PERINAD VILLAGE.

¶229

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶230

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶231

Crl.R.C.2361 of 2018 & Conn.Cases 16

¶232

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶233

PRESENT

¶234

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶235

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶236

Crl.RC.No. 2386 of 2018

¶237

AGAINST THE ORDER/JUDGMENT IN ST 3084/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶238

ACCUSED:

¶239

SUO MOTU

¶240

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶241

COMPLAINANTS:

¶242

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1182/2013

¶243

2 SAMPATH

¶244

S/O. HILLARY, JOHN BRITO COLONY-2, MARUTHADI, KANNIMEL CHERI, SAKTHIKULANGARA VILLAGE

¶245

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶246

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶247

Crl.R.C.2361 of 2018 & Conn.Cases 17

¶248

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶249

PRESENT

¶250

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶251

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶252

Crl.RC.No. 2388 of 2018

¶253

AGAINST THE ORDER/JUDGMENT IN ST 3130/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶254

ACCUSED:

¶255

SUO MOTU

¶256

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶257

COMPLAINANTS:

¶258

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1255/2014.

¶259

2 VIBIN

¶260

S/O AUGUSTINE, KULANGARA PADINJATTATHIL, NEERAVIL CHERI, THRIKKADAVOOR VILLAGE.

¶261

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶262

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶263

Crl.R.C.2361 of 2018 & Conn.Cases 18

¶264

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶265

PRESENT

¶266

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶267

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶268

Crl.RC.No. 2389 of 2018

¶269

AGAINST THE ORDER/JUDGMENT IN ST 3373/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶270

ACCUSED:

¶271

SUO MOTU

¶272

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶273

COMPLAINANTS:

¶274

1 STATE OF KERALA REP BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.2049/2014

¶275

2 RAYAN,

¶276

S/O.TITUS, PALACKAL VEEDU, NEAR SREEKRISHNA SWAMI TEMPLE,KANNIMEL CHERI, KILIKOLLOOR VILLAGE.

¶277

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶278

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶279

Crl.R.C.2361 of 2018 & Conn.Cases 19

¶280

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶281

PRESENT

¶282

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶283

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶284

Crl.RC.No. 2390 of 2018

¶285

AGAINST THE ORDER/JUDGMENT IN ST 3322/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶286

ACCUSED:

¶287

SUO MOTU

¶288

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶289

COMPLAINANTS:

¶290

1 STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.42/2015.

¶291

2 RAJMOHAN

¶292

S/O MOHAN, JRC HOUSE, NEAR AYYARUMUKKU, PEROOR CHERI, KOTTANKARA VILLAGE.

¶293

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶294

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶295

Crl.R.C.2361 of 2018 & Conn.Cases 20

¶296

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶297

PRESENT

¶298

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶299

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶300

Crl.RC.No. 2391 of 2018

¶301

AGAINST THE ORDER/JUDGMENT IN ST 3289/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶302

ACCUSED:

¶303

SUO MOTU

¶304

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶305

COMPLAINANTS:

¶306

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST.CR.NO.2002/2014

¶307

2 HILARI JOSEPH, BEACH NAGAR-37,PUTHUVAL PURAYIDOM, VEDIKKUNNU, UDAYAMARTHANDAPURAM CHERI, MUNDAKKAL VILLAGE.

¶308

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶309

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶310

Crl.R.C.2361 of 2018 & Conn.Cases 21

¶311

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶312

PRESENT

¶313

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶314

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶315

Crl.RC.No. 2392 of 2018

¶316

AGAINST THE ORDER/JUDGMENT IN ST 3124/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶317

ACCUSED:

¶318

SUO MOTU

¶319

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶320

COMPLAINANTS:

¶321

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR POLICE, PALLITHOTTAM

¶322

2 FRANCIS BOSCO S/O. SALTRIC , CENTURY NAGAR-25, PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE

¶323

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶324

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶325

Crl.R.C.2361 of 2018 & Conn.Cases 22

¶326

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶327

PRESENT

¶328

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶329

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶330

Crl.RC.No. 2393 of 2018

¶331

AGAINST THE ORDER/JUDGMENT IN ST 3108/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶332

ACCUSED:

¶333

SUO MOTU

¶334

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶335

COMPLAINANTS:

¶336

1 STATE OF KERALA

¶337

REP BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1186/2014.

¶338

2 THARIQUE S/O LATHEEF, KOTTARAM NAGAR-53, KOTTAKKAKOM CHERI, KOLLAM WEST VILLAGE.

¶339

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶340

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶341

Crl.R.C.2361 of 2018 & Conn.Cases 23

¶342

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶343

PRESENT

¶344

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶345

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶346

Crl.RC.No. 2394 of 2018

¶347

AGAINST THE ORDER/JUDGMENT IN ST 2551/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶348

ACCUSED:

¶349

SUO MOTU

¶350

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶351

COMPLAINANTS:

¶352

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.339/2013

¶353

2 JOHNSON

¶354

S/O STEPHEN, SNEHATHEERAM NAGAR-155, PALLITHOTTAM CHERI, KOLLAM WEST VILLAGE.

¶355

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶356

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶357

Crl.R.C.2361 of 2018 & Conn.Cases 24

¶358

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶359

PRESENT

¶360

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶361

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶362

Crl.RC.No. 2396 of 2018

¶363

AGAINST THE ORDER/JUDGMENT IN ST 3055/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶364

ACCUSED:

¶365

SUO MOTU

¶366

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶367

COMPLAINANTS:

¶368

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1036/2013.

¶369

2 JOSE

¶370

S/O STANLEY, VILAYIL KIZHAKKATHIL, JAYANTHI COLONY, KUREEPUZHA CHERI, THRIKKADAVOOR VILLAGE.

¶371

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶372

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶373

Crl.R.C.2361 of 2018 & Conn.Cases 25

¶374

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶375

PRESENT

¶376

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶377

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶378

Crl.RC.No. 2398 of 2018

¶379

AGAINST THE ORDER/JUDGMENT IN ST 2865/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶380

ACCUSED:

¶381

SUO MOTU

¶382

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017.

¶383

COMPLAINANTS:

¶384

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CRI.645/2013.

¶385

2 HAMSA S/O UNNENKUTTY, SINAN MANZIL, KINATTINKARA MICHA BHOOMI, KUNNIKOD CHERI, PATHANAPURAM TALUK.

¶386

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶387

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶388

Crl.R.C.2361 of 2018 & Conn.Cases 26

¶389

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶390

PRESENT

¶391

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶392

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶393

Crl.RC.No. 2400 of 2018

¶394

AGAINST THE ORDER/JUDGMENT IN ST 3276/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶395

ACCUSED:

¶396

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶397

COMPLAINANTS:

¶398

1 STATE OF KREALA REP BY THE SUB INSPECTOR OF POLICE,PALLITHOTTAM ,CR.1566/2014

¶399

2 SHAMSUDEEN, S/O.MYTHEEN KUNJU, THUDAYILA VEEDU, KULANGARA BHAGOM CHERI, CHAVARA VILLAGE.

¶400

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶401

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶402

Crl.R.C.2361 of 2018 & Conn.Cases 27

¶403

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶404

PRESENT

¶405

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶406

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶407

Crl.RC.No. 2401 of 2018

¶408

AGAINST THE ORDER/JUDGMENT IN ST 2862/2018 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶409

ACCUSED:

¶410

SUO MOTU

¶411

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON

¶412

18.09.2017.

¶413

COMPLAINANTS:

¶414

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.640/2013 REP BY

¶415

2 JUBA BOBY @ CHRISTOPHER LATHIKA BHAVANAM VEETTIL,VAIKATHAZHAM, SOUTH OF KADAVOOR TEMPLE,KADAVOOR CHERI, THRIKKADAVOOR VILLAGE.

¶416

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶417

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶418

Crl.R.C.2361 of 2018 & Conn.Cases 28

¶419

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶420

PRESENT

¶421

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶422

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶423

Crl.RC.No. 2402 of 2018

¶424

ACCUSED:

¶425

SUO MOTU

¶426

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶427

COMPLAINANTS:

¶428

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR. 34/2015

¶429

2 AJMAL ROSHAN,S/O MKUSTAFA, NAVAGRAHA APARTMENT, PSRA NAGAR-98A, PUNNATHALA CHERI, KOLLAM WEST VILLAGE.

¶430

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶431

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶432

Crl.R.C.2361 of 2018 & Conn.Cases 29

¶433

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶434

PRESENT

¶435

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶436

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶437

Crl.RC.No. 2405 of 2018

¶438

AGAINST THE ORDER/JUDGMENT IN ST 5920/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶439

ACCUSED:

¶440

SUO MOTU

¶441

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2018

¶442

COMPLAINANTS:

¶443

1 STATE OF KERALA REP. BY THE SI OF POLICE,KOLLAM TRAFFIC, CR.1098/2014

¶444

2 SHYJU, S/O.VINCENT, SHAILY MANZIL, VETTUTHARA, KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM.

¶445

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶446

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶447

Crl.R.C.2361 of 2018 & Conn.Cases 30

¶448

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶449

PRESENT

¶450

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶451

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶452

Crl.RC.No. 2406 of 2018

¶453

AGAINST THE ORDER/JUDGMENT IN ST 3073/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶454

ACCUSED:

¶455

SUO MOTU

¶456

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶457

COMPLAINANTS:

¶458

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR 1163/2013

¶459

2 BAIJU, S/O.PEERU MOHAMMED, KARINBIN PUTHEN VEETTIL,NAYAM, PUNTHALA CHERI,PATHANAPURAM VILLAGE, PATHANAPURAM TALUK.

¶460

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶461

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶462

Crl.R.C.2361 of 2018 & Conn.Cases 31

¶463

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶464

PRESENT

¶465

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶466

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶467

Crl.RC.No. 2410 of 2018

¶468

AGAINST THE ORDER/JUDGMENT IN ST 3428/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶469

ACCUSED:

¶470

SUO MOTU

¶471

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶472

COMPLAINANTS:

¶473

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM TRAFFIC, CR.2451/2012

¶474

2 JASIN S/O. JALALUDHEEN, JASS MANZIL, MAVINMOOD, MULLARANCODE DESOM, OTTOOR VILLAGE, THRIUVANANTHAPURAM DISTRICT

¶475

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶476

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶477

Crl.R.C.2361 of 2018 & Conn.Cases 32

¶478

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶479

PRESENT

¶480

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶481

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶482

Crl.RC.No. 2412 of 2018

¶483

AGAINST THE ORDER/JUDGMENT IN ST 3071/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶484

ACCUSED:

¶485

SUO MOTU

¶486

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2018

¶487

COMPLAINANTS:

¶488

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1161/2013

¶489

2 JOSEPH RALF

¶490

S/O. JOSEPH SEBASTIAN, VATICAN HOUSE, MOOLAYIL THOPPIL, SAKTHIKULANGARA CHERI, SAKTHIKULANGARA VILLAGE.

¶491

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶492

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶493

Crl.R.C.2361 of 2018 & Conn.Cases 33

¶494

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶495

PRESENT

¶496

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶497

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶498

Crl.RC.No. 2415 of 2018

¶499

AGAINST THE ORDER/JUDGMENT IN ST 5646/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶500

ACCUSED:

¶501

SUO MOTU

¶502

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶503

COMPLAINANTS:

¶504

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR. 249/2013

¶505

2 DEEPU, DEEPU BHAVAN, NEAR KAKKATHOD PALLY, THEKKUMBAGOM CHERI, MUNDAKKAL VILLAGE.

¶506

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶507

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶508

Crl.R.C.2361 of 2018 & Conn.Cases 34

¶509

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶510

PRESENT

¶511

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶512

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶513

Crl.RC.No. 2417 of 2018

¶514

AGAINST THE ORDER/JUDGMENT IN ST 5641/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶515

ACCUSED:

¶516

SUO MOTU PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶517

COMPLAINANTS:

¶518

STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KOLLAM WEST, CR 21/2013

¶519

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶520

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶521

Crl.R.C.2361 of 2018 & Conn.Cases 35

¶522

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶523

PRESENT

¶524

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶525

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶526

Crl.RC.No. 2418 of 2018

¶527

AGAINST THE ORDER/JUDGMENT IN ST 3085/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶528

ACCUSED:

¶529

SUO MOTU

¶530

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶531

COMPLAINANTS:

¶532

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1183/2013

¶533

2 ABHILASH, PUDUVELIL VEETTIL, NEAR ESI, EDAVATTOM CHERI,PERINAD VILLAGE.

¶534

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶535

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶536

Crl.R.C.2361 of 2018 & Conn.Cases 36

¶537

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶538

PRESENT

¶539

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶540

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶541

Crl.RC.No. 2425 of 2018

¶542

AGAINST THE ORDER/JUDGMENT IN ST 3079/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶543

ACCUSED:

¶544

SUO MOTU

¶545

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶546

COMPLAINANTS:

¶547

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR. 1094/2013

¶548

2 DON BOSCO, S/O.FRANCIS, SNEHA THEERAM NAGAR - 234, DEPOT PURAYIDAM, KOLLAM WEST VILLAGE.

¶549

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶550

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶551

Crl.R.C.2361 of 2018 & Conn.Cases 37

¶552

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶553

PRESENT

¶554

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶555

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶556

Crl.RC.No. 2427 of 2018

¶557

AGAINST THE ORDER/JUDGMENT IN ST 5638/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶558

ACCUSED:

¶559

SUO MOTU

¶560

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶561

COMPLAINANTS:

¶562

1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.989/2012

¶563

2 ANTONY,S/O.FRANCIS, TSUNAMI COLONY-91,KAIKULANGARA CHERI,KOLLAM WEST VILLAGE.

¶564

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶565

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶566

Crl.R.C.2361 of 2018 & Conn.Cases 38

¶567

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶568

PRESENT

¶569

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶570

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶571

Crl.RC.No. 2428 of 2018

¶572

AGAINST THE ORDER/JUDGMENT IN ST 3112/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶573

ACCUSED:

¶574

SUO MOTU

¶575

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶576

COMPLAINANTS:

¶577

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR 1232/2014

¶578

2 PRAVEEN,S/O.XAIVER, VIDYA NAGAR, KOTTAKKAKAM, KACHERI WARD, KOLLAM WEST VILLAGE, FROM VAADI PETTADATHU PURAYIDOM,KAIKULANGARA CHERI, KOLLAM WEST VILLAGE.

¶579

SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

¶580

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶581

Crl.R.C.2361 of 2018 & Conn.Cases 39

¶582

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶583

PRESENT

¶584

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶585

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶586

Crl.RC.No. 2431 of 2018

¶587

AGAINST THE ORDER/JUDGMENT IN ST 3123/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶588

ACCUSED:

¶589

SUO MOTU

¶590

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶591

COMPLAINANTS:

¶592

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.1240/2014

¶593

2 ANZAR,S/O.NASEER,, ANZEER MANZIL, PALLIMON EAST, PALLION VILLAGE, KOLLAM

¶594

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶595

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶596

Crl.R.C.2361 of 2018 & Conn.Cases 40

¶597

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶598

PRESENT

¶599

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶600

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶601

Crl.RC.No. 2440 of 2018

¶602

AGAINST THE ORDER/JUDGMENT IN ST 3210/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶603

ACCUSED:

¶604

SUO MOTU

¶605

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2018

¶606

COMPLAINANTS:

¶607

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.619/2014

¶608

2 RAHMAN,S/O.NASEER HUSSAIN, KUNNUMPURAM KIZHAKKATHIL, NEAR MOOLANKARA THYKKAVU, KANNIMEL CHERI, SAKTHIKULANGRA VILLAGE

¶609

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶610

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶611

Crl.R.C.2361 of 2018 & Conn.Cases 41

¶612

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶613

PRESENT

¶614

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶615

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶616

Crl.RC.No. 2443 of 2018

¶617

AGAINST THE ORDER/JUDGMENT IN ST 3295/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶618

ACCUSED:

¶619

SUO MOTU

¶620

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2018

¶621

COMPLAINANTS:

¶622

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM WEST, CR.2053/2014

¶623

2 MANOJ,S/O. BHASKARAN, VATTATHODIYIUO VEEDU, NEAR AMRITHUKULAM, UDAYAMARTHADAPURAM CHERI, ERAVIPURAM VILLAGE

¶624

SENIOR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA

¶625

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶626

Crl.R.C.2361 of 2018 & Conn.Cases 42

¶627

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶628

PRESENT

¶629

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶630

THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶631

Crl.RC.No. 2444 of 2018

¶632

AGAINST THE ORDER/JUDGMENT IN ST 5643/2015 of J.M.F.C - III (TEMPORARY SPECIAL COURT),KOLLAM

¶633

ACCUSED:

¶634

SUO MOTU

¶635

PROCEEDINGS AS PER THE RESOLUTION OF THE ADMINISTRATIVE COMMITTEE IN ITS MEETING HELD ON 18.09.2017

¶636

COMPLAINANTS:

¶637

1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM, CR.33/2013

¶638

2 JANESH,S/O.RAJAN (WORKING AT NEENDAKARA CHARLY FISHEREIS), KOONAMPOLICKAL VEEDU, NETAJI JN, NORTH ARYAD .P.O., KOMALAPURAM VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA.

¶639

SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA

¶640

THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 20.12.2018, ALONG WITH Crl.RC.2361/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶641

Crl.R.C.2361 of 2018 & Conn.Cases 43

¶642

[ Crl.RC 2361/2018 ,Crl.RC.2362/2018 ,Crl.RC.2364/2018 ,Crl.RC.2366/2018 ,Crl.RC.2370/2018 ,Crl.RC.2372/2018 ,Crl.RC.2373/2018 ,Crl.RC.2374/2018 ,Crl.RC.2375/2018 ,Crl.RC.2376/2018 ,Crl.RC.2377/2018 ,Crl.RC.2378/2018 ,Crl.RC.2380/2018 ,Crl.RC.2381/2018 ,Crl.RC.2382/2018 ,Crl.RC.2386/2018 ,Crl.RC.2388/2018 ,Crl.RC.2389/2018 ,Crl.RC.2390/2018 ,Crl.RC.2391/2018 ,Crl.RC.2392/2018 ,Crl.RC.2393/2018 ,Crl.RC.2394/2018 ,Crl.RC.2396/2018 ,Crl.RC.2398/2018 ,Crl.RC.2400/2018 ,Crl.RC.2401/2018 ,Crl.RC.2402/2018 ,Crl.RC.2405/2018 ,Crl.RC.2406/2018 ,Crl.RC.2410/2018 ,Crl.RC.2412/2018 ,Crl.RC.2415/2018 ,Crl.RC.2417/2018 ,Crl.RC.2418/2018 ,Crl.RC.2425/2018 ,Crl.RC.2427/2018 ,Crl.RC.2428/2018 ,Crl.RC.2431/2018 ,Crl.RC.2440/2018 ,Crl.RC.2443/2018 ,Crl.RC.2444/2018 ]

¶643

ORDER

¶644

These criminal revision cases were registered suo motu by this court on its noticing that the order of discharge passed by the Judicial Magistrate of First Class-III (Temporary), Kollam in the cases covered by these criminal revision cases is illegal.

¶645

Though notice was served on the second respondent in each case, who were the accused in the court below, they have not appeared in person or through counsel.

¶646

All the cases were registered in the court below as Summary Trial Cases.

¶647

In the Summary Trial Cases covered by these Crl.R.Cs. the second respondent allegedly committed the offence under Section 279 IPC. In most

¶648

Crl.R.C.2361 of 2018 & Conn.Cases 44

¶649

of these cases the second respondent also allegedly committed the offence under Section 185 of the Motor Vehicles Act and in few cases the offence under Section 181 r/w Section 3(1) of the Motor Vehicles Act and some other offences under the Motor Vehicles Act.

¶650

In the Summary Trial Cases covered by Crl.R.C. Nos.2361, 2406 and 2412 of 2018 the learned Magistrate discharged the second respondent under Section 258 Cr.P.C. observing that “Even after the issuance of coercive steps the presence of accused cannot be procured with. The prosecution failed to produce the accused before the Court even after the issuance of repeated process. Hence proceedings are closed u/s 258 Cr.P.C. and the accused is discharged”. In the Summary Trial Case covered by Crl.R.C. No.2394 of 2018 the learned Magistrate discharged the second respondent under Section 258 Cr.P.C. observing that “Even after the issuance of coercive steps the presence of accused cannot be procured with. Hence proceedings against the accused are closed u/s 258 Cr.P.C.” In the rest of the cases the learned Magistrate passed the following two word order: “Proceedings closed u/s 258 Cr.P.C.”. In these cases no reasons are stated in the order.

¶651

It is seen from the proceedings sheet in the above cases that the learned Magistrate ordered issuance of summons to the second respondent. Thereafter she ordered issuance of non-bailable arrest warrant. It was thereafter the order of discharge was passed. The learned Magistrate has not recorded that the summons was served on the second respondent or that nonbailable arrest warrant was returned unexecuted. It is not even clear whether

¶652

Crl.R.C.2361 of 2018 & Conn.Cases 45

¶653

the process was actually issued from the court.

¶654

Even if it is assumed that the accused were absconding, the learned Magistrate should have initiated proceedings against them under Sections 82 and 83 Cr.P.C. The power under Section 258 Cr.P.C. cannot be exercised to stop the proceedings on the mere ground that the accused is absconding.

¶655

Thus, in any view of the matter, the order passed by the learned Magistrate in these criminal revision cases is patently illegal. It is liable to be set aside.

¶656

In the result, these criminal revision cases are allowed. The order passed by the learned Magistrate in the Summary Trial Cases is set aside. The learned Magistrate is directed to take back the cases on her file and proceed with them in accordance with law.

¶657

Sd/-

¶658

K.ABRAHAM MATHEW JUDGE

¶659

¶660

// TRUE COPY // PA TO JUDGE

Suo Motu v. State of Kerala

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Suo Motu v. State of Kerala

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