Dismissed

M.Rajashanmugham v. State of Kerala

Kerala HC25 Mar 2021Crl.MC/1396/2014

Case brief

AI extract

What is this about?

The Kerala High Court dismissed two criminal miscellaneous petitions invoking Section 482 CrPC against orders under Session Criminal Petty Proceedings No.3129/2013 and 3153/2013. The bench held both cases stale after an eight-year period with no prosecution effort and dismissed them for non-prosecution.

What did the court decide?

Both Crl.M.Cs are dismissed for non-prosecution due to the long nine-year period of inaction in the lower court.

M.Rajashanmugham Vs State of Kerala — Writ and Judicial Review | Kerala HC (2021)

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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 P.SOMARAJAN

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THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

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Crl.MC.No.6570 OF 2013(G)

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AGAINST THE ORDER IN CMP 3129/2013 DATED 08-11-2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM

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PETITIONER/PETITIONER:

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M.RAJASHANMUGHAN, S/o N.MEYYAPPAN, 428 LF ROAD, CUMBOM TOWN, UTHAMAPALAYAM TALUK, TAMILNADU STATE.

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BY ADVS.SRI.R.SUDHISH

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SMT.M.MANJU

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RESPONDENTS/STATE & RESPONDENT:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 SUB INSPECTOR OF POLICE, COMBUMMETTU POLICE STATION, IDUKKI-685551.

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3 JALEEL, S/o MUHAMMED, INCHAKKATTIL HOUSE, ANDAKKAL.P.O, ERATTUPETTA KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT-686121.

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R3 BY ADVS. SRI.K.K.DHEERENDRAKRISHNAN

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SRI.S.RAJEEV R1 & R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25.03.2021, ALONG WITH Crl.MC.1396/2014(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6570/13 & 1396/14

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¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶23

THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

¶24

Crl.MC.No.1396 OF 2014 (G)

¶25

AGAINST THE ORDER IN CMP 3153/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM

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PETITIONER/PETITIONER:

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M.RAJASHANMUGHAM, S/o N.MEYYAPPAN, 428 LF ROAD, CUMBOM TOWN, UTHAMAPALAYAM TALUK, TAMILNADU STATE.

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BY ADVS. SRI. R.SUDHISH SMT.M.MANJU

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RESPONDENTS/STATE & RESPONDENT:

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

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2 SUB INSPECTOR OF POLICE, CUMBUMETTU POLICE STATION, PIN 685551.

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3 JALEEL, S/o MUHAMMED, INCHAKKATTIL HOUSE, ANDAKKAL P.O., ERATTUPETTA KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, 686121.

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R1 & R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25.03.2021, ALONG WITH Crl.MC.6570/2013(G), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.6570/13 & 1396/14

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¶37

ORDER

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The learned counsel reported no instruction from the party. These cases are of the year 2013 and 2014 respectively, by which the entire proceedings before the Judicial First Class Magistrate Court, Nedumkandam, in furtherance of Crl.M.P.Nos.3129/2013 and 3153/2013 were stalled for a long period of eight years. This would show what is behind it. Hence both the Crl.M.Cs are dismissed for non prosecution.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.Nos.6570/13 & 1396/14

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APPENDIX OF Crl.MC 6570/2013

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PETITIONER'S ANNEXURES:

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ANNEXURE I TRUE COPY OF THE CMP No.3087/2013 ANNEXURE II TRUE COPY OF THE COMPLAIT DATED 17.10.2013 ANNEXURE III TRUE COPY OF THE ORDER IN CMP No.3129/2013.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

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Crl.M.C.Nos.6570/13 & 1396/14

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APPENDIX OF Crl.MC 1396/2014

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 TRUE COPY OF THE CMP NO.3153/2013 DATED 08.11.2013.

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ANNEXURE 2 TRUE COPY OF THE AGREEMENT DATED 03.07.2013.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

M.Rajashanmugham v. State of Kerala

Case brief

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M.Rajashanmugham v. State of Kerala

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