Disposed

Navarathnamal Jain v. State of Kerala

Kerala HC7 Dec 2020Crl.MC/1140/2014

Case brief

AI extract

What is this about?

The High Court quashed criminal miscellaneous case Crl.MC.No.1140 of 2014 filed for quashing alternate FIR proceedings. The court held that with petitioners acquitted and the case against other accused refiled after six years, no substantive issue survived for consideration in the original miscellaneous petition.

What did the court decide?

Crl.M.C. closed without prejudice to the right of A2 and A4 to contest their case in the trial court.

Navarathnamal Jain Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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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 V.G.ARUN

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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Crl.MC.No.1140 OF 2014

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AGAINST THE JUDGMENT IN CC 693/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY

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CRIME NO.524/2010 OF Karunaagapally Police Station , Kollam

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PETITIONERS:

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1 NAVARATHNAMAL JAIN

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MANAGING DIRECTOR, BHANDARI FINANCING COMPANY, STFCL, FRANCHISEES, STFC LTD, NO.67, AADIYAPPANAIKKAN STREET, 2ND FLOOR, SUIT 8 & 9, NYOCARPET, CHENNAI - 79

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2 VINU JOY SO.NADESAN AGED 34 YEARS WORKING IN KAVERI FINANCE, KARUNAGAPPALLY FROM MANUBHAVAN, AALAYIL, MUKUNDPURAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT.

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BY ADVS. SRI.C.RAJENDRAN SRI.K.R.RANJITH

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RESPONDENT/S:

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

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2 SUNILKUMAR SO.PARAMESWARAN

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SUNIL NIVAS, CHERUSSERIBHAGAM MURI, CHAVARA VILLAGE, KOLLAM - 691 583.

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3 BIJUKUMAR S/O.MADHAVANKUTTY, USHABAVANAM, KALLELIBHAGAM POST, KARUNAGAPALLY, KOLLAM - 690 518.

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crmc 1140/2014

V.G.ARUN, J.

=========================== Crl.M.C.No.1140 of 2014

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===========================

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Dated this the 7^th day of December, 2020

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ORDER

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Being a matter pertaining to the year 2014, a report was called for from the jurisdictional Court. As per the report received from Judicial First Class Magistrate, Karunagappaly of the four accused, A1 and A3 faced trial and were acquitted under Section 248(1) Cr.P.C on 07.02.2017. The case against A2 and A4 has been refiled as C.C.No.213 of 2017 and non -bailable warrants and steps under Section 82 and 83 Cr.P.C have been initiated against those accused. It is reported that the case against A2 and A4 is posted to 16.03.2021. Since the prayer in this Crl.M.C is to quash further proceedings in C.C.No.693 of 2010, in which A1 and A3 have been acquitted and the case against the other accused refiled with a new number, nothing survives for consideration in this Crl.M.C. Accordingly, the Crl.M.C is closed, without prejudice to the right of A2 and A4, to contest their case before the trial court.

Sd/-

V.G.ARUN

JUDGE

lgk

Crmc 1140/2014

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 ANNEXURE A1: A TRUE PHOTOCOPY OF THE COMPLAINT CRIME NO.524/2010 OF KARUNAGAPPALLY POLICE STATION.

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ANNEXURE P2 ANNEXURE A2: A TRUE PHOTOCOPY OF THE F.I.R IN CRIME NO.524/2010 OF KARUNAGAPPALLY POLICE STATION.

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ANNEXURE P3 ANNEXURE A3: A CERTIFIED COPY OF THE FINAL REPORT AND STATEMENTS OF THE PROSECUTION WITNESSES IN CRIME NO.524/2010 OF KARUNAGAPPALLY POLICE STATION.

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ANNEXURE P4 ANNEXURE A4: A TRUE PHOTOCOPY OF THE AGREEMENT IN FAVOUR OF THE BANDARI FINANCE COMPANY DATED 14/11/2007.

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ANNEXURE P5 ANNEXURE A5: A TRUE PHOTOSTAT COPY OF THE LAWYERS NOTICE DATED 29/01/2010.

Navarathnamal Jain v. State of Kerala

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Navarathnamal Jain v. State of Kerala

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