Dismissed

V.N.Radhakrishnan, v. State of Kerala

Kerala HC17 Feb 2020Crl.MC/1370/2020

Case brief

AI extract

What is this about?

The Hon'ble Kerala High Court dismissed the petition seeking quashing of criminal proceedings. The court held that the existence of a civil dispute does not absolve criminal liability. The petitioner was directed to await trial. The application for exemption from personal appearance was noted for Magistrate's consideration.

What did the court decide?

Petition dismissed; applicant directed to appear before Jurisdictional Magistrate.

V.N.Radhakrishnan, Vs State of Kerala — Writ and Judicial Review | 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 ASHOK MENON

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MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941

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Crl.MC.No.1370 OF 2020(A)

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AGAINST THE ORDER/JUDGMENT IN CC 1684/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD

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CRIME NO.703/2014 OF GURUVAYOOR POLICE STATION , THRISSUR

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PETITIONER/S:

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V.N.RADHAKRISHNAN, AGED 68 YEARS S/O.NARAYANA SANTHI, SANTHIMADOM, THEKKENALUVAZHY, NORTH PARAVOOR, ERNAKULAM, CHAIRMAN, M/S.SANTHIMADOM BUILDERS AND DEVELOPERS, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683 513.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2 NARAYANANKUTTY, AGED 81 YEARS, S/O.NARAYANAN, THERATTU HOUSE, MANISSERY, OTTAPALAM, PALAKKAD DISTRICT, PIN - 679 101.

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OTHER PRESENT:

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PP RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1370 OF 2020(A)

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ORDER

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Dated this the 17th day of February 2020

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The petitioner is the accused in Crime No.703/2014 of Guruvayur Police Station, for having allegedly committed offences punishable under Sections 406, 417, 418, 420 r/w Section 34 of the IPC. The case against the petitioner is now pending before the Judicial First Class Magistrate Court, Chavakkad as CC No.1684/2014.

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The facts in brief are that, the petitioner is the Managing Director of the Santhimadom Builders and Developers Trust, North Paravur and he had undertaken construction of some villas in Munimadom. Even though the construction work has been completed, the disputes arose with respect to the expenses incurred and other incidental works. The petitioner has a lot of defence to make on the ground that due to recent amendment in the Archeology Department, the work could not be completed as decided. Several cases are pending against the petitioner admittedly.

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Crl.MC.No.1370 OF 2020(A)

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Under the circumstances, I do not find any ground whatsoever to quash the proceedings pending before the Judicial First Class Magistrate, Chavakkad. There is also civil dispute pending. Argument of the learned counsel appearing for the petitioner is that, the dispute has to be resolved by a civil court is not acceptable because the mere fact that, there is a civil dispute will not automatically absolve the petitioner's criminal liabilities. It is therefore, not possible to consider this application to quash the proceedings. The petitioner is directed to appear before the Jurisdictional Magistrate and face trial.

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The learned counsel for the petitioner submits that, he may be permitted to get exemption from personal appearance. It is for the Magistrate to decide the same on application being filed by the petitioner.

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With these observation the Crl.M.C is disposed of.

Sd/-

ASHOK MENON

JUDGE

MIN

Crl.MC.No.1370 OF 2020(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 PHOTO COPY OF THE F.I.R.AND FIRST INFORMATION STATEMENT CRIME NO.703/2014 OF GURUVAYUR POLICE STATION, THRISSUR DISTRICT.

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ANNEXURE A2 PHOTO COPY OF THE FINAL REPORT IN C.C.NO.1684/2014 NOW PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT AT CHAVAKKAD.

V.N.Radhakrishnan, v. State of Kerala

Case brief

What is this about?

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V.N.Radhakrishnan, v. State of Kerala

Case brief

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