Disposed
Santhosh N.S v. State of Kerala
Kerala HCCrl.MC/5281/2017
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941
Crl.MC.No.5281 OF 2017
CRIME NO.1112/2017 OF THRISSUR EAST POLICE STATION, THRISSUR
PETITIONER/1ST ACCUSED:
SANTHOSH N.S
AGED 40 YEARS, S/O. SURENDRAN, NAMBIYATH HOUSE, KANDASHANGADAVU P.O, KARAMUKKU, THRISSUR 680 613
BY ADVS. SRI.BECHU KURIAN THOMAS (SR.) SRI.LEO LUKOSE
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(THROUGH THE STATION HOUSE OFFICER, THRISSUR EAST POLICE STATION)
2 ASHITHA NADIRA AGED 47 YEARS, CHIMMINIYIL HOUSE,KAIRALI NAGAR, STREET NO.3, CHEMBUKAVU, THRISSUR 680 020
R1-2 BY ADV. SRI.C.A.CHACKO
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
===========================
Crl.M.C.No.5281 of 2017
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Dated this the 13th day of August, 2019
ORDER
Heard Sri.Bechu Kurian Thomas, Learned Senior Counsel instructed by Sri.Paul Jacob, learned counsel appearing for the petitioner/accused, Smt.Priya Shanavas, learned Public Prosecutor for the 1st respondent-State of Kerala and Sri.C.A.Chacko, learned Advocate appearing for the 2nd respondent lady de facto complainant.
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crime on the allegation that subsequently he had threatened and intimidated the victim. Now it is submitted by both sides that the police after investigation has now filed final report/charge sheet on 10.06.2017 in the instant crime No.1112/2017 of Thrissur East Police Station, wherein the petitioner has been arrayed as the sole accused therein and accused No.2 in the original crime has been deleted from the final report. Further it is pointed out that now the matter is pending as committal proceedings as C.P.No.1/2019 on the file of the Judicial First Class Magistrate’s Court, Thrissur and the petitioner herein has separately filed Crl.M.C.No.2612/2019 before this Court seeking quashment of the said final report/charge sheet filed in the said crime No.1112/2017 of Thrissur East Police Station, which has led to the pendency of committal proceedings C.P.No.1/2019 on the file of the JFMC, Thrissur.
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counsel appearing for the 2nd respondent has no serious objection about the factual correctness of the said submission.
Sd/-
ALEXANDER THOMAS JUDGE
vgd/16.08.19
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | A TRUE COPY OF THE FILED BEFORE THE STATION ALONG WITH |
COMPLAINT DATED 2-6-2017 SHO ANTHIKAD POLICE THE ACKNOWLDEMENT |
|---|---|---|
| ANNEXURE A2 | A TRUE COPY OF THE PETITIONER BEFORE POLICE, THRISSUR EA |
UNDERTAKING GIVEN BY THE THE SUB INSPECTOR OF ST POLICE STATION |
| ANNEXURE A2(A) | AZ READABLE COPY OF | ANN.A2 |
| ANNEXURE A3 | A TRUE COPY OF THE 2-3-2016 ISSUED BY DISTRICT HOSPITAL, |
REFERRAL LETTER DATED THE COUNSELOR, BHOOMIKA, THRISSUR |
| ANNEXURE A4 | TRUE COPY OF THE RESPONDENT ISSUED GENERAL HOSPITAL, T |
OP TICKET OF THE 2ND BY THE PSYCHIATRIST, HRISSUR |
| ANNEXURE A5 | A TRUE COPY OF 2507/2016 ON THE JUDICIAL MAGISTRATE |
THE COMPLAINT IN CMP FILES OF THE CHIEF S COURT, THRISSUR |
| ANNEXURE A6 | A TRUE COPY OF 880/2016 OF MEDICAL THRISSUR ALONG WIT STATEMENT |
THE F.I.R IN CRIME NO COLLEGE POLICE STATION, H READABLE COPY OF F.I |
| ANNEXURE A7 | CERTIFIED COPY OF 1112/2017 OF THRISS |
THE FIR IN CRIME NO UR EAST POLICE STATION |
1 issue framed by the court
Whether a criminal miscellaneous petition seeking quashment becomes infructuous when the final report is filed and separately challenged in another pending petition.
Santhosh N.S
State of Kerala
Ashitha Nadira
Alexander Thomas
As recorded by the court registry
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