The High Court dismissed the Criminal Miscellany case for non-prosecution. The petitioner remained absent, and more than three years had elapsed since the filing of the petition in 2017 to the hearing in 2020.
Crl.M.C. No.4756 of 2017 dismissed for non-prosecution due to petitioner's absence and delay.
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 P.SOMARAJAN
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
Crl.MC.No.4756 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 242/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ERATTUPETTA
PETITIONER/3RD ACCUSED
CYRIAC VARGHESE @ SAM VARGHESE S/O.VARGHESE, KUNNUMPURATH HOUSE, PLAMUDY P.O., KOTTAPADY, KOTHAMANGALAM (VIA),ERNAKULAM DISTRICT.
BY ADV. SRI.SIJI ANTONY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2 RAJU JACOB VELLUKUNNEL HOUSE, VARIANIKADU, CHETTUTHODU P.O., PIN-686508.
R1-2 BY ADV. SMT.JENCY MICHEAL R1 BY ADV. SRI.SOJAN MICHEAL
PUBLIC PROSECUTOR - SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4756 OF 2017 2
ORDER
Petitioner and counsel remained absent. There was no representation. It is a matter of the year 2017. Now almost more than 3 years elapsed. This would show what is behind it. Hence Crl.M.C. is dismissed for non prosecution.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.4756 OF 2017 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE FROM JFCM, ERATTU |
SUMMONS IN CC NO.242/2016 PETTA. |
|---|---|---|
| ANNEXURE A2 | A CERTIFIED COPY THE FILES OF JFCM |
OF THE CC NO.242/2016 ON , ERATTUPETTA. |
| ANNEXURE A3 | TRUE COPY OF THE NO.840/2016. |
DEPOSITION OF CMP |
| ANNEXURE A4 | TRUE COPY OF THE NO.840/2016 DATED |
DEPOSITION OF IN CMP 30.05.2016 |
| ANNEXURE A5 | TRUE COPY OF THE RESPONDENT DATED |
SWORN STATEMENT OF THE 2ND 30.05.2016. |
| ANNEXURE A6 | TRUE COPY OF THE STATUS OBTAINED B DOWNLOADED FROM W ECOURTINDIASERVIC |
RELEVANT PAGES OF CASE Y THE PETITIONER EBSITE OF ES .GOV.IN. |
| ANNEUXRE A7 | TRUE COPY OF THE OF THIDANAD POLIC |
FIR IN CRIME NO.0209/2016 E STATION. |
| ANNEXURE A8 | TRUE COPY OF THE | CMP NO.740/2016. |
| ANNEXURE A9 | TRUE COPY OF THE 05.06.2015. |
PROT. NO.177-2015 DATED |
| ANNEXURE A10 | TRUE COPY OF THE (C)305/2016 DATED |
JUDGMENT IN TR.P. 19.08.2016. |
| ANNEXURE 11 | TRUE COPY OF THE NO.18978/2016 DAT |
JUDGMENT IN W.P.(C) ED 26.07.2016. |
RESPONDENTS EXHIBITS:NIL
P.A. TO JUDGE
//TRUE COPY//
1 issue framed by the court
Whether Cr.M.C. No.4756 of 2017 would be allowed in view of the petitioner's long delay in prosecuting the case.
CYRIAC VARGHESE @ SAM VARGHESE S/O.VARGHESE
STATE OF KERALA REPRESENTED THROUGH PUBLIC PROSECUTOR
RAJU JACOB
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
