The Court, on a criminal miscellaneous application seeking quashing of a charge sheet in multiple concurrent cases, vacated the interim stay orders due to pending execution proceedings and directed the trial courts to proceed with the trials expeditiously.
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 ALEXANDER THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Crl.MC.No. 7304 of 2018
AGAINST CC 458/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS,VAIKOM
PETITIONER/S:
P L JOY,AGED 48 YEARS S/O LOUIS,PALLIPADAN HOUSE,CHULLY PO,ANGAMALY
BY ADVS. SRI.ANANDAN PILLAI
RESPONDENT/S:
1 TESSY XAVIER, KUNNUTHARA HOUSE,THALAYAZHAM PO,VAIKOM
2 STATE OF KERALA
REPRESENTED BY THE SENIOR PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
BY ADV. SMT.M.P.MARY R1
OTHER PRESENT:
ADV. SRI.T.R. RENJITH - PUBLIC PROSECUTOR-R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Crl.MC.5258/2017, Crl.MC.7283/2018, & Crl.MC.8235/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7304/2018 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Crl.MC.No. 5258 of 2017
AGAINST CC 1059/2016 of JUDICIAL FIRST CLASS MAGIST. COURT, ANGAMALY(TEMPORARY)
CRIME NO. 728/2015 OF Angamali Police Station , Ernakulam
PETITIONER/S:
V/425-A6, 2ND FLOR, NIRMAL TOWER EAST,CHURCH ROAD, ANGAMALLY-683 572,REP. BY THE PRESIDENT P L JOY (ACCUSED NO.1)
4 P.D. PAULY MEMBER ACCUSED NO.7 AGE AROUND 50, FATHER'S NAME NOT KNOWN,PARECATTIL HOUSE, KIDANGOOR, ANGAMALY683 572.
BY ADVS. SRI.V.C.JAMES SRI.ANANDAN PILLAI
Crl.M.C.No.7304/2018 & con.cases
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RESPONDENT/S:
BY ADV. SRI.E.M.JOSEPH-R1-R3
ADV. SRI.T.R. RENJITH - PUBLIC PROSECUTOR-R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Crl.MC.7283/2018, Crl.MC.8235/2018, Crl.MC.7304/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7304/2018 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Crl.MC.No. 7283 of 2018
AGAINST CC 479/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS,VAIKOM
CRIME NO. 1626/2015 OF Vaikom Police Station , Kottayam
PETITIONER/S:
P.L.JOY
AGED 27 YEARS S/O LOUIS PALLIPADAN HOUSE CHULLI P.O ANGAMALY.
BY ADVS. SRI.V.C.JAMES SRI.ANANDAN PILLAI
RESPONDENT/S:
1 SHANI P.R., W/O P.K.BABU SHABANA MANZIL THALAYAZHAM P.O ULLALAKARA, THALAYZHAM VILLAGE VAIKOM TALUK-686607.
2 STATE OF KERALA REPRESENTED BY THE SENIOR PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY ADV. SRI.N.MUHAMMAD SAJU -R1
ADV. SRI.T.R. RENJITH - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Crl.MC.5258/2017, Crl.MC.8235/2018, Crl.MC.7304/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7304/2018 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941
Crl.MC.No. 8235 of 2018
AGAINST CC 450/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS,VAIKOM
CRIME NO. 1644/2013 OF Vaikom Police Station , Kottayam
PETITIONER/S:
P L JOY, AGED 51 YEARS S/O LOUIS,PALLIPADAN HOUSE,CHULLITHARA,AYYAMPUZHA VILLAGE,CHULLI P.O.ALUVA TALUK.
BY ADVS. SRI.V.C.JAMES SRI.ANANDAN PILLAI
RESPONDENT/S:
BY ADVS. SMT.M.P.MARY-R1
ADV. SRI.T.R. RENJITH - PUBLIC PROSECUTOR-R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.05.2019, ALONG WITH Crl.MC.5258/2017, Crl.MC.7283/2018, Crl.MC.7304/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7304/2018 & con.cases
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ALEXANDER THOMAS, J.
Crl.MC 7304/2018 ,Crl.MC.5258/2017, Crl.MC.8235/2018 & Crl.MC.7283/2018,
---------------------------------------------Dated this the 20th day of May, 2019
ORDER
Crl.M.C.No.7304/2018
The prayer in the above Criminal Miscellaneous Case is as follows:
“..............pleased to quash or set aside Annexure A3 charge sheet in C.C.No.458 of 2015 pending on the files of the Court of the Judicial First Class Magistrate, Vaikom.”
Crl.M.C.No.7304/2018 & con.cases 7
dated 25.2.2019 that the said party has filed E.P.No.19/2016 before the Civil Court for execution of Annexure-2 award dated 3.12.2013. But the execution has been rendered impossible since huge financial liabilities of the petitioner have similarly been charged on the same properties as in Annexure-2 award in about 400 other similar cases and that 99% of the persons, who have been cheated by the petitioner are women etc. This Court has passed an order dated 11.2.2019 that unless the petitioner makes the earnest efforts to settle the disputes immediately, this Court will be constrained to vacate the interim stay and that the interim stay was then extended for a month as a final chance. Even today the petitioner has not settled the disputes with the 1st respondent. Accordingly, it is ordered that the the interim stay granted by this Court in respect of C.C.No.458/2015 on the file of the Judicial First Class Magistrate Court, Vaikom will stand vacated. The learned Magistrate may proceed with the trial in C.C.NO.458/2015 without any further delay and all efforts should be taken by the learned Magistrate to ensure that the matter in C.C.No.458/2015 is finally disposed of without much delay preferably within a period of three months from the date of production of a certified copy of this order. All contentions available to both sides are fully left open to be raised and decided by the trial Court.
With these observations and directions, the above Crl.M.C. will stand dismissed.
Crl.M.C.Nos.5258/2017, 8235/2018 & 7283/2018
The matters in the above said cases are also broadly similar to the one in Crl.M.C.No.7304/2018 dealt with herein above. It appears that the execution of the award has been rendered impossible since huge financial
Crl.M.C.No.7304/2018 & con.cases 8
liabilities of the petitioner have similarly been charged on the same properties as in the award concerned.
With these observations and directions, the above Crl.M.Cs also will stand dismissed.
sd/-
ALEXANDER THOMAS, JUDGE.
acd
Crl.M.C.No.7304/2018 & con.cases
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APPENDIX OF Crl.MC 7304/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE CMP DATED 27.09.2013
ANNEXURE 2 A TRUE COPY OF THE AWARD DATED 03.12.2013
ANNEXURE 3 A TRUE COPY OF THE CHARGE SHEET DATED 27.04.2015
ANNEXURE 4 A TRUE COPY OF THE STAY ORDER DATED 11.08.2017 PASSED IN C.C.NO. 5258/2017
APPENDIX OF Crl.MC 5258/2017
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE AWARD DATED 26.11.2013 AT KERALA STATE LEGAL SERVICE AUTHORITY
ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 10.04.2015
Crl.M.C.No.7304/2018 & con.cases
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APPENDIX OF Crl.MC 8235/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF CMP NO 63000 OF 2013 ANNEXURE 2 A TRUE COPY OF THE FIR NO 1644 OF 2013 DATED 7.11.2013
ANNEXURE 3 A TRUE COPY OF THE CC NO 450 OF 2015 ON THE FILES OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE,VAIKOM CHARGE SHEET DATED 22.4.2015 ALONG WITH RELEVANT RECORDS.
ANNEXURE 4 A TRUE COPY OF THE AWARD DATED 3.12.2013
ANNEXURE 5 A TRUE COPY OF THE EP. NO 25 OF 2016 PENDING ON THE FILES OF THE COURT DATED 6.6.2016
APPENDIX OF Crl.MC 7283/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE CMP DATED NIL ANNEXURE 2 A TRUE COPY OF THE AWARD DATED 3.12.2013.
ANNEXURE 3 A TRUE COPY OF THE CHARGE SHEET DATED 24.4.2015.
ANNEXURE 4 A TRUE COPY OF THE STAY ORDER DATED 11.8.2017 PASSED IN C.C.NO.5258/2017.
TRUE COPY
P.S. TO JUDGE.
P L JOY
TESSY XAVIER
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
