Disposed

Saju Antony v. State of Kerala

Kerala HC4 Jul 2019Crl.MC/3071/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged an order directing prosecution under Section 340 Cr.P.C. The court held appeal under Section 341 Cr.P.C. was the appropriate remedy. The petition was disposed of as withdrawn, with liberty to file an appeal within limitation.

What did the court decide?

Crl.M.C. disposed of as withdrawn, without prejudice to the right of the petitioners to file appeal against the impugned order.

Saju Antony Vs State of Kerala — Civil Procedure and Limitation | 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 P.UBAID

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THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941

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Crl.MC.No.3071 of 2018

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CC 1430/2014 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOZHIKODE

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PETITIONERS/RESPONDENT NOS.1 & 2 :

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1 SAJU ANTONY, AGED 37 YEARS, S/O.B.ANTONY, SUB INSPECTOR OF POLICE, SCRUTINY WING, CRIME BRANCH, PSO THIRUVANANTHAPURAM, (SAJ BHAVAN, T.C.R/1640, VETTAMUNDA, THIRUMALA.P.O., THIRUVANANTHAPURAM.

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2 BINESH KUMAR, CIVIL POLICE OFFICER, 7423, CITY TRAFFIC POLICE, KOZHIKODE CITY. BY ADV. SRI.N.P.PRAJEESH

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RESPONDENTS/STATE & PETITIONER :

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 ABDUL JALEEL.T.P., AGED 42 YEARS , S/O.MAMMED KOYA, THIRUVOTH HOUSE, IRINGALLUR.P.O., KOZHIKODE-673014.

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R2 BY ADV. SRI. VISHAL AJAYAN V. R1 BY SRI.SANTHOSH PETER, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3071 of 2018

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ORDER

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The petitioners herein are two of the major witnesses including the detecting officer in C.C.No.1430/2014 of the Judicial First Class Magistrate Court-I, Kozhikode, and the second respondent herein is the accused in the said case. He stands acquitted in the said case by the judgment of acquittal dated 20.08.2016. While acquitting the accused, the trial court made some observations about the petitioners herein, indicating that a false prosecution was brought by them against the accused. On the basis of those observations, the acquitted accused filed CMP No.6018 of 2016 under Section 340 Cr.P.C. for criminal prosecution against the petitioners. After conducting necessary enquiry, the learned Magistrate passed orders on 23.03.2018, directing the Chief Ministerial Officer to file a complaint against these petitioners before the Chief Judicial Magistrate Court, Kozhikode. That order was passed after recording necessary finding as required under Section 340 Cr.P.C. The said order is under challenge in this proceeding.

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Crl.MC.No.3071 of 2018

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On the last occasion, the learned counsel was directed to address the Court whether the right remedy of the petitioners is to seek orders under Section 482 Cr.P.C., or to file appeal against the impugned order under Section 341 Cr.P.C. Even an order passed by the Court concerned, directing prosecution, or the making of a complaint, is appealable under Section 341 Cr.P.C.. Realising this aspect the learned counsel for the petitioners seeks permission to withdraw the Crl.M.C. with liberty to file appeal against the impugned order. The submission is accepted.

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Accordingly, the Crl.M.C. is disposed of as withdrawn, without prejudice to the right of the petitioners to file appeal appropriately, subject, ofcourse, to the question of limitation, if any.

Sd/-

rkj

P.UBAID JUDGE

Crl.MC.No.3071 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I PHOTOCOPY OF THE JUDGMENT DATED 20/08/2016 IN CC.NO.1430/2014(WRONGLY TYPED IN THE JUDGMENT AS CC.NO.1431/2014) PASSED BY THE JUDL.FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE.

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ANNEXURE II PHOTOCOPY OF THE JUDGMENT DATED 20/08/2016 IN CC.NO.1431/2014 PASSED BY TEH JUDL.FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE.

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ANNEXURE III PHOTOCOPY OF THE PETITION, CMP.NO.6018/2016 IN CC.NO.1430/2014 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE.

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ANNEXURE IV CERTIFIED COPY OF THE ORDER DATED 23/03/2018 IN CMP.NO.6018/2016 IN C.C.NO.1430/2014 PASSED BY THE JUDL.FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE.

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE 1 THE TRUE COPY OF THE REPORT SUBMITTED DATED 18.05.2013 BY THE CITY POLICE DEPUTY COMMISSIONER, KOZHIKODE.

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ANNEXURE 2 THE TRUE COPY OF THE STATEMENTS DATED 27.11.2017 BY SAJU ANTONY SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE, IN CMP NO.6018/2016.

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ANNEXURE 3 THE TRUE COPY OF THE OFFICE NOTE DATED 30.12.2017

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Crl.MC.No.3071 of 2018

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FOR EXPLANATION ASKED HOME SECRETARY FROM THE DIRECTOR GENERAL OF POLICE.

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ANNEXURE	4	THE TRUE COPY OF THE STATEMENTS DATED 26.04.2016 BY SAJU ANTONY STATED BEFORE THE SUPERINTENDENT OF POLICE, CRIME BRANCH, KOZHIKODE.
ANNEXURE	5	THE TRUE COPY OF THE STATEMENTS DATED 16.03.2016 BY MOHANAN, THE DRIVER OF THE POLICE JEEP, STATED BEFORE THE SUPERINTENDENT OF POLICE, CRIME BRANCH, KOZHIKODE.
ANNEXURE	6	THE TRUE COPY OF THE REPORT DATED 31.05.2016 THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID HHW III, KOZHIKODE.
ANNEXURE	7	THE TRUE COPY OF THE JUDGMENT DATED 17.05.2016 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE IN C.C.NO.510/2010.
ANNEXURE	8	THE TRUE COPY OF THE JUDGMENT DATED 20.08.2016 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE IN C.C.NO.1430/2014.
ANNEXURE	9	THE TRUE COPY OF THE JUDGMENT DATED 20.08.2017 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE, IN C.C.NO.1431/2014.
ANNEXURE	10	THE TRUE COPY OF THE JUDGMENT DATED 20.08.2017 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE, IN C.C.NO.1431/2014.
ANNEXURE	11	THE TRUE COPY OF THE JUDGMENT DATED 17.04.2017 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE, IN C.C.NO.1431/2014.
ANNEXURE	12	TRUE COPY OF THE ORDER DATED 01.03.2018, BY THE INSPECTOR GENERAL OF POLICE, KANNUR RANGE.
ANNEXURE	13	TRUE COPY OF THE F.I.R. DATED 07.06.2010, REGISTERED BY KASABA POLICE, KOZHIKODE.
ANNEXURE	14	TRUE COPY OF THE NEWSPAPER CUTTING DATED 25.07.2008, MATHRUBHUMI NEWSPAPER, KOZHIKODE EDITION.

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Crl.MC.No.3071 of 2018

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ANNEXURE 15 TRUE COPY OF THE F.I.R. DATED 07.08.2008, REGISTERED BY KASABA POLICE, KOZHIKODE.

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ANNEXURE 16 TRUE COPY OF THE ORDER DATED 31.01.2014, PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE.

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ANNEXURE 17 TRUE COPY OF THE REPORT DATED 16.01.2016, BY THE ASSISTANT COMMISSIONER OF POLICE, CITY TRAFFIC, KOZHIKODE.

Saju Antony v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saju Antony v. State of Kerala

Case brief

What is this about?

What did the court decide?

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