The High Court held that the petitioner's application to transfer the case to a special court was a misuse of process that stalled proceedings for six years, allocating no legal impediment to the transferee court hearing the matter.
The criminal miscellaneous case was dismissed accordingly.
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
TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942
Crl.MC.No.7225 OF 2016
CP 53/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHANGANACHERRY
SC 344/2011 OF ADDITIONAL SESSIONS COURT - V, KOTTAYAM
CRIME NO.130/2011 OF VAKATHANAM POLICE STATION, KOTTAYAM
PETITIONER/SOLE ACCUSED:
JOYKUTTY JACOB, S/o C.Y.JACOB, AGED 46, CHALLUVELIL VEEDU, PONGANTHANAM, THOTTAKADU, KOTTAYAM.
BY ADVS.SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
2 MONURAJ, S/o SABU, MULLANAKKAL, SHANTI NAGAR COLONY, PONGANTHANAM, KOTTAYAM.
BY PUBLIC PROSECUTOR SMT. M.N. MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7225 of 2016
2
ORDER
After the completion of trial in a sessions case
alleging offence punishable under Sections 326, 294(b) and 308 IPC, the case was taken up for final hearing on two occasions and it was posted for final disposal. Thereafter, it was reposted and reopened for hearing on the ground that PW1 the victim was at the age of 17
years at the time of commission of offence. Hence request was placed for transferring the case to the
special court designated in view of the notification dated 30/6/2009. Accordingly, the case was ordered to be transferred to the Additional District Court-I,
Kottayam, from the Additional District Court-V, Kottayam. It is reported that as per records, the
victim was aged only 16 years as on the date of
commission of offence. The order of transfer is
absolutely in tune with the notification issued and there cannot be any legal impediment in hearing the
matter by the transferee court and to pronounce
judgment. Further, there is no scope for any prejudice to the parties. In fact, the present application is a
Crl.M.C.No.7225 of 2016 3
misuse of process of this court and stalled the proceedings for a longer period of six years under its guise. There is no reason for interference under Section 482 Cr.P.C., hence deserves only dismissal. I do so.
Crl.M.C. is dismissed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE I CERTIFIED COPY OF THE ORDER SHEET IN S.C.344/2011 ON THE FILE OF ADDITIONAL SESSIONS COURT-V, KOTTAYAM.
ANNEXURE II TRUE COPY OF POSTINGS OF THE CASE DOWNLOADED FROM THE COURT WEBSITE.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether Section 482 Cr.P.C. warrants any interference in view of the dismissal of the transfer application as a misuse of process.
1 provisions across 1 enactments
JOYKUTTY JACOB
THE STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
