Disposed

Sasi Alias Renjith v. Ramesh Kumar

Kerala HC11 Mar 2019Crl.MC/146/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, dealing with a petition under Section 482 Cr.P.C. for quashing proceedings due to alleged non-laying of a final report since 2010, directed the trial court to expedite committal and conclude the trial without quashing the case despite acknowledged delay.

What did the court decide?

Directed the learned Magistrate to expedite committal proceedings and the trial court to conclude the trial at the earliest.

Sasi Alias Renjith Vs Ramesh Kumar — Criminal Trial and Appeal | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

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Crl.MC.No. 146 of 2019

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CRIME NO. 898/2010 OF Ernakulam North Police Station , Ernakulam

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PETITIONER/2ND ACCUSED:

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SASI ALIAS RENJITH AGED 38 YEARS S/O SIVAN , CHELLATHUPADI @ SIVAKRIPA HOUSE, KATHRUKADAVU P.O.ERNAKULAM.

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BY ADV. SRI.DINESH MATHEW J.MURICKEN

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RESPONDENTS/DE FACTO COMPLAINANT & COMPLAINANT:

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1 RAMESH KUMAR, AGED 49 YEARS S/O VELAYUDHAN,CHERUPULLYPARAMBU HOUSE, ELAMKULAM VILLAGE,KOCHI-682 020

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2 STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER,ERNAKULAM TOWN NORTH POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031.

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BY PUBLIC PROSECUTOR SRI AJITH MURALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 146 of 2019

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ORDER

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This petition is filed under Section 482 of the Cr.P.C.

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The petitioner herein is the 2^nd accused in Crime No. 898/2010 of the Ernakulam Police Station. His grievance is that though the crime was registered as early as in the year 2010, the final report has not been laid. He would point out that as early as on 27.11.2018, he had approached this Court and based on the report of the Public Prosecutor that final report was submitted on 30.06.2010, this Court had closed the proceedings. However, when he approached the learned Magistrate and requested for a copy of the final report, it was rejected stating that final report has not been filed.

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Learned Public Prosecutor, on instructions, submitted that on 30.06.2010, the final report was actually laid before the jurisdictional court but it was returned for curing defects. However, there occurred some delay and it was re-submitted only on 14.01.2019. Though the delay cannot be countenanced, that alone cannot be a reason to quash the proceedings.

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Crl.MC.No. 146 of 2019

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Having regard to fact that the crime is of the year 2010, I direct the learned Magistrate to expedite the committal proceedings

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and the trial court shall make an earnest endeavour to take the matter to its logical conclusion at the earliest.

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This Crl.M.C. is disposed of accordingly.

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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//TRUE COPY// P.A. TO JUDGE

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avs

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Crl.MC.No. 146 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXUREA1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 898/2010 OF ERNAKULAM TOWN NORTH POLICE STATION DATED 12.5.2010 ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL MC NO 7814/2018 PASSED BY THIS HONOURABLE COURT DATED 27.11.2018 ANNEXURE A3 TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 15.12.2018

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RESPONDENT'S/S EXHIBITS:

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avs //TRUE COPY// P.A TO JUDGE

Sasi Alias Renjith v. Ramesh Kumar

Case brief

What is this about?

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Sasi Alias Renjith v. Ramesh Kumar

Case brief

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