Dismissed
M.Shajideen v. State of Kerala
Kerala HCCrl.MC/1799/2020
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Crl.MC.No.842 OF 2020(E)
IN CC 1267/2019 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
CRIME NO.1210/2011 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
1 SOBHA AJITH, AGED 40 YEARS, W/o AJITH KUMAR, TC 11/1535-1 'KAUSTHUBHAM', KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003
2 AJITH KUMAR, AGED 44 YEARS, S/o SASIDHARAN NAIR, TC 11/1535-1, 'KAUSTHUBHAM', KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003
BY ADV. SRI.D.ANIL KUMAR
RESPONDENTS/COMPLAINANT-STATE & ANOTHER:
R3 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR R1 & R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.03.2021, ALONG WITH Crl.MC.1799/2020(D), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
Crl.MC.No.1799 OF 2020(D)
CRIME NO.1752/2015 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM
PETITIONER:
M.SHAJIDEEN, FAT NO. A & B, MARVEL MANSION, GOWREESAPATTOM, PATTOM P.O., THIRUVNANTHAPURAM-695 004
BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (STATION HOUSE OFFICER, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM-695 005)
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7 ASSISTANT COMMISSIONER OF POLICE, DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM-695 014
BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.03.2021, ALONG WITH Crl.MC.842/2020(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
A referred charge (Annexure A3) for the offence under Section 420 r/w Section 34 IPC was re-opened on the ground of non-issuance of notice to defacto complainant. Consequently, Annexure A5 final report was submitted for the offence under Section 420 r/w Section 34 IPC, which is under challenge.
Crl.M.C.Nos.842 & 1799 of 2020
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remedies including to maintain a discharge petition,
the present Crl.M.Cs. are dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.Nos.842 & 1799 of 2020
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APPENDIX OF Crl.MC 842/2020
PETITIONERS' ANNEXURES:
| ANNEXURE A1 | TRUE PHOTOCOPY | OF RECEIPT DATED 15.09.2011 |
|---|---|---|
| ANNEXURE A2 | CERTIFIED COPY | OF FIR WITH FIS DATED |
| 25.10.2011 IN | CR. NO.1210/2011 OF MEDICAL | |
| COLLEGE POLICE | STATION |
| ANNEXURE A3 | CERTIFIED COPY OF REFER REPORT DATED 16.11.2011 FILED BEFORE ACJM COURT |
|---|---|
| THIRUVANANTHAPURAM BY 3RD RESPONDENT | |
| ANNEXURE A4 | TRUE COPY OF ORDER DATED 19.10.2016 PASSED BY ACJM COURT THIRUVANANTHAPURAM |
| ANNEXURE A5 | CERTIFIED COPY OF FINAL REPORT DATED |
| 27.09.2019 FILED BEFORE ACJM COURT | |
| THIRUVANANTHAPURAM BY 3RD RESPONDENT |
RESPONDENTS' ANNEXURES:
| ANNEXURE R3(a): | TRUE COPY OF THE THE 3RD RESPONDEN OVER TO THE PETIT |
REGISTRATION FORM, WHICH T HAD COMPLETED AND HANDED IONERS DATED 04/04/2011. |
|---|---|---|
| ANNEXURE R3(b): | TRUE COPY OF THE ISSUED TO THE 3RD PETITIONERS. |
RECEIPT DATED 04/04/2011, RESPONDENT BY THE |
| ANNEXURE R3(c): | TRUE COPY OF THE ISSUED TO THE 3RD PETITONERS. |
RECEIPT DATED 07/04/2011, RESPONDENT BY THE |
| ANNEXURE R3(d): | TRUE COPY OF THE ISSUED TO THE 3RD PETITONERS. |
RECEIPT DATED 07/05/2011, RESPONDENT BY THE |
| ANNEXURE R3(e): | TRUE COPY OF THE ISSUED TO THE 3RD PETITONERS. |
RECEIPT DATED 21/05/2011, RESPONDENT BY THE |
| ANNEXURE R3(f): | TRUE COPY OF THE EXECUTED BETWEEN RESPONDENT. |
AGREEMENT FOR SALE THE BUILDER AND THE 3RD |
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ANNEXURE R3(g): TRUE COPY OF THE RECEIPT DATED 13/07/2011 EVIDENCING PAYMENT OF RS.6,50,000/ANNEXURE R3(h): TRUE COPY OF THE RECEIPT DATED 25/07/2011 EVIDENCING PAYMENT OF RS.5 LAKHS. ANNEXURE R3(i): TRUE COPY OF THE RECEIPT DATED 03/08/2011 EVIDENCING RECEIPT OF RS.50,000/- ISSUED BY THE PETITIONERS. ANNEXURE R3(j): TRUE COPY OF THE LETTER DATED 11/08/2011 DEMANDING RS.99,00/ANNEXURE R3(k): TRUE COPY OF THE LETTER DATED 13/08/2011, ISSUED BY THE PETITIONERS, DEMANDING PAYMENT TOWARDS VAT AND SERVICE TAX, TO THE TUNE OF RS.93,313/- AND 68,130/RESPECTIVELY, BEFORE 25/08/2011. ANNEXURE R3(l): TRUE COPY OF THE AGREEMENT FOR SALE DATED 28/04/2010 ENTERED INTO BETWEEN THE 1ST PETITIONER AND SUSHAKUMAR. ANNEXURE R3(m): TRUE COPY OF THE RECEIPT DATED 23/08/2011 SHOWING THE LAST PAYMENT, OF THE TOTAL CONSIDERATION OF RS.46,50,000/ANNEXURE R3(n): TRUE COPY OF THE LETTER DATED 18/11/2011 PREPARED BY AND PRODUCED BEFORE THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION. ANNEXURE R3(o): TRUE COPY OF THE RECEIPT ISSUED BY SUSHAKUMAR IN FAVOUR OF THE PETITIONERS. ANNEXURE R3(p): TRUE COPY OF THE REMAINING PART OF ANNEXURE III REPORT WHEREBY IT WAS ALLEGED THAT NOTICE UNDER SECTIONS 157(2) AND 173(1)(b) CR.PC.WERE EFFECTED ON THE PETITIONER. ANNEXURE R3(q): TRUE COPY OF THE LETTER NO.40/R1/15/MCPS DATED 28/07/2015 RECEIVED FROM THE PUBLIC INFORMATION OFFICER, MEDICAL COLLEGE POLICE STATION BY THE 3RD RESPONDENT, UNDER RIGHT TO INFORMATION ACT.
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ANNEXURE R3(r): TRUE COPY OF THE PETITION DATED 15/09/2015 UNDER SECTION 156(3) OF CR.PC., BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM. ANNEXURE R3(s): TRUE COPY OF THE ORDER DATED 30/04/2014 OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION. ANNEXURE R3(t): TRUE COPY OF THE ORDER DATED 19/12/2014 OF THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION IN R.P.NO.2387/2014. ANNEXURE R3(u): TRUE COPY OF THE JUDGMENT DATED 17/08/2015 OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION IN C.C.NO.16/2013. ANNEXURE R3(v): TRUE COPY OF THE ORDER DATED 09/02/2015 OF THE HON'BLE SUPREME COURT IN SLP NO.3811/2015.
// TRUE COPY //
P.A. TO JUDGE
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APPENDIX OF Crl.MC 1799/2020
PETITIONER'S ANNEXURES:
| ANNEXURE-I | TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA STAMP ACT, FIGURING SL.NO.44 (f) |
|---|---|
| ANNEXURE-II | TRUE COPY OF THE ORIGINAL POWER OF ATTORNEY EXECUTED BY P.N.ASOK KUMAR AND AMBILY ASOK KUMAR, IN FAVOUR OF THE 1ST PETITIONER DATED 03.10.2008. |
| ANNEXURE-III | TRUE COPY OF THE MANIPULATED POWER OF ATTORNEY, PRODUCED AND GOT ADJUDICATED FROM THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM DATED 03.10.2008. |
| ANNEXURE-IV | TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, TO GET ANNEXURE R2 (C) POWER OF ATTORNEY ADJUDICATED DATED 06.03.2009. |
| ANNEXURE-V | TRUE COPY OF THE COMPLIANT DATED 26.6.2013, FILED BY SRI.ASOK KUMAR, BEFORE THE COMMISSIONER OF POLICE |
| ANNEXURE-VI | TRUE COPY OF THE COMPLAINT DATED 30.06.2013, FILED BY SRI.ASOK KUMAR BEFORE THE COMMISSIONER OF POLICE |
| ANNEXURE-VII | TRUE COPY OF THE E-MAIL SENT BY SRI ASOK KUMAR ADDRESSED TO THE SUB REGISTRAR PATTOM DATED 30.06.2013 |
| ANNEXURE-VIII | TRUE COPY OF THE COMPLAINT DATED 30.09.2015, FILED BY THE PETITIONER AS CMP NO.3412/2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-XI, THIRUVANANTHAPURAM, AGAINST SOBHA AJITH, AJITH KUMAR, J.SARATH CHANDRAN NAIR, JOINT SUB REGISTRAR AND 3 OTHERS, INCLUDING THE THEN SUB REGISTRAR,PATTOM |
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| ANNEXURE- IX | TRUE COPY OF THE SUBMITTED BY THE PEROORKADA POLICE TEMPORARY COURT O MAGISTRATE COURT, |
REPORT DATED 28.3.2016 SUB INSPECTOR OF POLICE, STATION, BEFORE THE F THE JUDICIAL FIRST CLASS THIRUVANANTHAPURAM |
|---|---|---|
| ANNEXURE-X | TRUE COPY OF THE THE TEMPORARY COU CLASS MAGISTRATE IN C.M.P.1027/201 |
ORDER DATED 16.6.2017 OF RT OF THE JUDICIAL FIRST COURT, THIRUVANANTHAPURAM 7 |
| ANNEXURE-XI | TRUE COPY OF THE THIS HON'BLE CURT |
ORDER DATED 2.11.2017 OF IN CRL.M.C NO.5854/2017 |
| ANNEXURE-XII | TRUE COPY OF THE OF THIS HON'BLE C (CIVIL) NO.508/20 |
JUDGMENT DATED 30.5 2018 OURT IN CONTEMPT CASE 18 |
| ANNEXURE-XIII | TRUE COPY OF THE THIS HON'BLE COUR |
ORDER DATED 29.03.2019 OF T IN CRL MC 4021/2018 |
| ANNEXURE-XIV | TRUE COPY OF THE THIS HON'BLE COUR |
ORDER DATED 27.11.2019 OF T IN CRL.M.C 4021/2018 |
| ANNEXURE-XV | TRUE COPY OF THE 15.02.2020 SUBMIT UNDER RIGHT TO IN STATE PUBLIC INFO PEROORKADA POLICE |
APPLICATION DATED TED BY THE PETITIONER FORMATION ACT, TO THE RMATION OFFICER, STATION |
| ANNEXURE-XVI | TRUE COPY OF THE 2020-P5 DATED 22. PUBLIC INFORMATIO SHO, PEROORKADA P |
LETTER NO.13/RTI ACT/ 02.2020 OF THE STATE N OFFICER AND INSPECTOR, OLICE STATION |
| ANNEXURE-XVII | TRUE COPY OF THE DATED 05.02.2020 |
ORDER NO.G2-8385/2020/TC OF THE 4TH RESPONDENT |
| RESPONDENTS' ANNE | XURE: NIL |
// TRUE COPY //
P.A. TO JUDGE
Sobha Ajith
Ajith Kumar
M. Shajideen
State of Kerala
Executive Engineer
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court