Disposed

Rojan Mathew, v. State of Kerala

Kerala HC10 Oct 2019Crl.MC/2148/2019

Case brief

AI extract

What is this about?

Criminal Misc. Case filed to quash proceedings. Court directed the Magistrate of Changanacherry to dispose of the criminal case C.C No.602/2017 within four months, subject to petitioner cooperation, citing the death of the de facto complainant.

What did the court decide?

Direction to the Judicial First Class Magistrate, Changanacherry to dispose of C.C No.602/2017 within four months, subject to petitioner cooperation.

Rojan Mathew, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶4

THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

¶5

Crl.MC.No.2148 OF 2019(G)

¶6

CC NO.602/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY

¶7

CRIME NO.76/2017 OF Changanassery Police Station , Kottayam

¶8

PETITIONERS/ACCUSED:

¶9

1 ROJAN MATHEW, AGED 21 YEARS PULLUKATTIL PRAMBIL HOUSE, CHANGANACHERRY, KOTTAYAM, PIN-686101.

¶10

2 RONA JOSEPH, PULLUKATTIL PARAMBIL HOUSE, CHANGANACHERRY, KOTTAYAM, PIN-686101.

¶11

BY ADV. SRI.M.P.MADHAVANKUTTY

¶12

RESPONDENT/STATE AND DEFACTO COMPLAINANT:

¶13

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

¶14

SMT V SREEJA-PP

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Crl.MC.No.2148 OF 2019(G)

¶17

¶18

R. NARAYANA PISHARADI, J

¶19

Crl.M.C No.2148 of 2019

¶20

Dated this the 10^th day of October, 2019

¶21

O R D E R

¶22

This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C No.602/2017 on the file of the Court of the Judicial First Class Magistrate -I, Changanacherry.

¶23

The petitioners are the accused in the aforesaid case. The allegation against them is that they have committed the offences punishable under Sections 323, 324, 341 and 294 read with 34 IPC.

¶24

Though the prayer made in the petition is to quash the

¶25

proceedings in the case, at the time of hearing, learned counsel for the petitioners submitted that the de facto complainant, who is the injured in the case, is no more and the petitioners now only want an expeditious disposal of the case pending against them. It is submitted that the first petitioner has obtained a job abroad and therefore, it has become necessary for him to get the case against him disposed of as early as possible.

¶26

Learned Public Prosecutor, on instructions, submits that the

¶27

Crl.MC.No.2148 OF 2019(G)

¶28

¶29

de facto complainant in the case is no more. The final report in the case shows that there are only eight prosecution witnesses in the case, including the de facto complainant. Out of them, CW2 to CW4 are the eye witnesses. Considering the facts and circumstances of the case, I am of the view that a direction can be given to the learned Magistrate to conduct the trial of the case and dispose of it within a time limit to be fixed by this Court.

¶30

In the result, the petition is disposed of as follows: The Judicial First Class Magistrate -I, Changanacherry is directed to dispose of the case C.C No.602/2017 pending on the file of that court within a period of four months from the date of producing a certified copy of this order before that court. This direction is made subject to the condition that the petitioners shall co-operate with the trial of the case.

¶31

Sd/- R. NARAYANA PISHARADI JUDGE

¶32

lsn

¶33

Crl.MC.No.2148 OF 2019(G)

¶34

¶35

APPENDIX

¶36

PETITIONER'S/S EXHIBITS:

¶37

ANNEXURE I

¶38

TRUE COPY OF THE FINAL REPORT BEARING FIR NO.76/2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY IN CC NO.602/2017

¶39

ANNEXURE II

¶40

TRUE COPY OF THE DEATH CERTIFICATE OF SAVIO SAJAN FRANCIS (DEFACTO COMPLAINANT)ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHANGANACHERRY MUNICIPALITY

¶41

RESPONDENTS EXHIBITS: NIL

¶42

TRUE COPY

¶43

P.A TO JUDGE

¶44

LSN

Rojan Mathew, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rojan Mathew, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sujith Vs State of Kerala

Mathew Prasad Vs State of Kerala

Satheesh Kumar.K.a Vs the State of Kerala

Jose Thomas Vs Sub Inspector of Police, Palarivattom Police Station

Abdul Kader Vs State of Kerala

Dickson Vs State of Kerala