This Criminal Miscellaneous petition challenging the registration of a crime was disposed of by directing petitioners to seek regular bail before the Magistrate while reserving their rights to challenge the final report.
Direction to file bail application before Magistrate; rights to challenge final report reserved.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941
Crl.MC.No. 1133 of 2016
CRIME NO. 971/2014 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM
PETITIONERS:
1 K.J.ABRAHAM, AGED 56 YEARS, S/O.LATE KURUVILLA JOSEPH, KOLLAMPARAMBIL HOUSE, THALAYOLAPARAMBU, VADAYAR VILLAGE, VAIKOM TALUK
2 K.P KUTTAN, AGED 57 YEARS, S/O. POOVACHAN, KANNUVETTIYEL HOUSE, THALAYOLAPARAMBU P.O, KOTTAYAM DISTRICT
BY ADVS. SRI.ABRAHAM P.GEORGE SMT.M.D.BEENA SMT.M.SANTHY SRI.THOMAS MATHEW (KOPPARA)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 RAJESH T. VARGHESE, AGED 44 YEARS, S/O. VARGHESE THEKKEPARAMBIL HOUSE, MUTHOLAPURAM, ELANJI VILLAGE, SECRETARY, THALAYOLAPARAMBU GRAMA PANCHAYAT, THALAYOLAPARAMBU.
SRI. C. K. SURESH-SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
In this petition filed under Section 482 of the Cr.P.C, challenge is raised against the registration of Crime No.971/2014 of the Thalayolaparambu Police Station arraying the petitioners herein as the accused Nos. 1 and 2.
investigation has been completed and he seeks permission to lay the final report before the jurisdictional court.
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application and pass appropriate orders on its merits on the same day
itself. The rights of the petitioners to challenge the final report on
legal grounds are hereby reserved.
This petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | CERTIFIED COPY OF FIR IN CRIME NO.971/2014 OF THALAYOLAPARAMBU POLICE STATION. |
|---|---|
| ANNEXURE A2 | TRUE PHOTOCOPY OF RELEVANT PAGES OF PARTITION DEED NO.852/1116 ME OF KADUTHURUTHY SRO |
| ANNEXURE A3 | TRUE PHOTOCOPY OF THANDAPPERU KANAKKU OF VADAYAR VILLAGE WITH RESPECT TO TP NO.5586 |
| ANNEXURE A4 | TRUE PHOTOCOPY OF THE ENCUMBRANCE NO.7391/13 DATED 31.12.2013 ISSUED FROM SRO KADUTHURUTHY. |
| ANNEXURE A5 | TRUE PHOTOCOPY OF RELEVANT PAGE OF FAIR VALUE REGISTER WITH RESPECT TO PROPERTY IN SY.NO.204/1 ON VADAYAR VILLAGE. |
| ANNEXURE A6 | TRUE PHOTOCOPY OF CERTIFICATE DATED 15.12.2012 ISSUED BY THE VILLAGE OFFICER, VADAYAR VILLAGE. |
| ANNEXURE A7 | TRUE PHOTOCOPY OF THE RESOLUTION DATED 13.05.1992. DECISION NO.28 OF THALAYOLAPARAMBU GRAMA PANCHAYAT |
| ANNEXURE A8 | TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 5.3.2014 BEFORE TAHSILDAR, VAIKOM FOR SURVEY MEASUREMENT AND TO RECEIVE PROPERTY TAX. |
| ANNEXURE A9 | TRUE PHOTOCOPY OF SALE DEED NO.287/2014 OF SRO THALAYOLAPARAMBU EXECUTED BY 1ST PETITIONER IN FAVOUR OF 2ND PETITIONER. |
| ANNEXURE A10 | TRUE PHOTOCOPY OF OS NO.212/2014 IN THE FILE OF THE HON'BLE MUNSIFF'S COURT, VAIKOM FILED BY THE 1ST PETITIONER AGAINST THALAYOLAPARAMBU GRAMA PANCHAYAT AND OTHERS. |
| ANNEXURE A11 | TRUE PHOTOCOPY OF THE AMENDMENT APLICATION I.A.1637/14 TO THE PLAINT FILED BY THE PETITIONER IN O.S.NO.212/2014. |
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ANNEXURE A12 TRUE PHOTOCOPY OF JUDGMENT IN C.R.P.NO.3611/76 PASSED BY HON'BLE HIGH COURT OF KERALA. ANNEXURE A13 TRUE PHOTOCOPY OF G.O.M.S.238/83 GL.EDN.DATED 24.1.1983 ANNEXURE A14 TRUE PHOTOCOPY OF G.O.MS 234/93-RD DATED 19.5.93.
RESPONDENTS' EXHIBITS:
NIL
1 provisions across 1 enactments
K.J.ABRAHAM
K.P KUTTAN
State of Kerala
Rajesh T. Varghese
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
