Disposed

Subin Paulose v. State of Kerala

Kerala HC17 Nov 2021Crl.MC/4141/2015

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Case, petitioners accused of damaging a church sought to quash a Final Report. The High Court allowed permission to file an application under Section 258 Cr.P.C. in the trial court for termination of proceedings, keeping current arguments open.

What did the court decide?

Disposal of Crl.M.C. with liberty to petitioners to file application under Section 258 Cr.P.C. in trial court.

Subin Paulose Vs State of Kerala — Kerala HC (2021) — LawSathi Research

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 17TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943

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CRL.MC NO. 4141 OF 2015

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CRIME NO.61/13 OF PUTHENCRUZ POLICE STATION

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 CC 296/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY,

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ERNAKULAM

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PETITIONERS/ACCUSED NO.1 TO 10:

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1SUBIN PAULOSE
AGED 33 YEARS
S/O.PAULOSE, EDAYANAL HOUSE, KANINADU P.O.,
ERNAKULAM DISTRICT, PIN: 682 310.

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2 SIJIN THOMAS AGED 33 YEARS

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S/O.THOMAS, EDAYANAL HOUSE, PAZHAMTHOTTAM,

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ERNAKULAM DISTRICT, PIN: 683 565.

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3T.K.MARKOSE
AGED 41 YEARS
S/O.KURIAKKO, THOTTATHIL HOUSE,
PAZHAMTHOTTAOM P.O., ERNAKULAM, PIN: 683 565.

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4PRINCE EAPEN
AGED 36 YEARS
S/O.EAPPAN, ENNASSERIL HOUSE, PATTIMATTOM,
ERNAKULAM DISTRICT, PIN: 683 562.

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5E.P.SUNNY S/O.LATE PAULOSE
AGED 50 YEARS
EDAYANAL HOUSE, PAZHAMTHOTTAM P.O.,
ERNAKULAM DISTRICT, PIN: 683 565.

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6VIPIN PAULOSE
AGED 36 YEARS
S/O.PAULOSE, EDAYANAL HOUSE, KANINADU P.O.,
PUTHENCRUZ, ERNAKULAM DISTRICT, PIN: 682 310.

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7BESTY THOMAS
AGED 24 YEARS
S/O.THOMAS, VALAYIL HOUSE, PAZHAMTHOTTAM,
ERNAKULAM DISTRICT, PIN: 683 565.

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CRL.MC NO. 4141 OF 2015

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2

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8 ELIAS AGED 39 YEARS S/O.ITTAPPIRI, PENTHALAYIL HOUSE, PATTIMATTOM P.O., ERNAKULAM DISTRICT, PIN 683565

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9BINEESH BABU
AGED 21 YEARS
S/O.BABU, PULLUKALAYIL HOUSE, PATTIMATTOM P.O.,
ERNAKULAM DISTRICT, PIN: 683 562.

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10DITU @ TITTU VARGHESE
AGED 19 YEARS
S/O.VARGHESE, PADIPURAKKAL HOUSE,
PAZHAMTHOTTAM P.O., ERNAKULAM DISTRICT,
PIN: 683 565.

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BY ADVS.

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SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA

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RESPONDENTS/RESPONDENTS:

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

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2YACOB
AGED 52 YEARS
S/O.MATHAI, PADIPURAKKAL HOUSE, PAZHAMTHOTTAM KARA,
IKKARANADU NORTH VILLAGE NEAR PALLIKKARA,
ERNAKULAM - 683 565.

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BY ADV

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SRI.SAJAN VARGHEESE K.
PP-SRI.ARAVIND V.MATHEW,
PP-SRI.SUDHEER GOPALAKRISHNAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 4141 OF 2015

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ORDER

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The petitioners are the accused Nos.1 to 10 in CC No.296/14 of JFCM Court, Kolencherry, which arised from crime No.61/13 of Puthencruz Police Station. The aforesaid crime was registered against the petitioners for the offences punishable under Sections 143, 147, 148, 427 read with Section 149 IPC.

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The prayer sought for by the petitioners is to quash Annexure 8 Final Report submitted in the said crime.

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The prosecution case is that on 26.01.2013 at 11. a.m. the petitioners destroyed the lights, disconnected electric wires and also caused damage to the photos, plants etc. of St.Mary’s Orthodox Church, Pazhamthottam. According to the petitioners, no case has been made out against them even if the entire allegations contained in Annexure 8 final report is taken for its face value and accordingly they seek to invoke powers of this Court under Section 482 of Cr.P.C.

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Heard Sri.Paul K. Varghese, learned counsel for the

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CRL.MC NO. 4141 OF 2015

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petitioners, Sri.Aravind Mathew, learned Public Prosecutor for the 1^st

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respondent and Sri.Sajan Vargheese K., learned counsel for the 2^nd respondent.

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After arguing for some time, learned counsel for the petitioners sought permission of this Court to move the trial court for getting the proceedings against them stopped by filing appropriate application under Section 258 of Cr.P.C. It is therefore submitted that the contentions put forward in this Crl.M.C. may be kept open to enable them to raise the same before the trial court with the support of the documents which they intend to produce.

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Considering the facts and circumstances of the case, I am of the view that the request made by the learned counsel for the petitioners can be allowed. Accordingly, this Crl.M.C. is disposed of without considering the merits of the contentions raised and granting liberty to the petitioners to approach the trial court for invoking their remedies to get a premature termination of the proceedings as contemplated under Cr.P.C. If any such application is submitted by

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CRL.MC NO. 4141 OF 2015

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the petitioners within a period of one month from today, the same shall be considered by the learned Magistrate in accordance with law

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as expeditiously as possible, at any rate, within a period of three

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months from the date of submission of the application by the

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petitioners.

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Sd/-
ZIYAD RAHMAN A.A.
JUDGE

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SCS

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CRL.MC NO. 4141 OF 2015

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APPENDIX OF CRL.MC 4141/2015

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PETITIONER EXHIBITS

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`ANNEXURE`	`1`	`A TRUE COPY OF THE 1934 CONSTITUTION OF` `MALANKKARA ORTHODOX SYRIAN CHURCH`
`ANNEXURE`	`2`	`TRUE COPY OF THE JUDGMENT IN OS NO.41/77` `OF THE DIST. COURT ERNAKULAM DATED` `28/11/1998.`
`ANNEXURE`	`3`	`A TRUE COPY OF THE JUDGMENT IN AS` `NO.361/1999 OF THE HIGH COURT OF KERALA` `DATED 9/3/2012.`
`ANNEXURE`	`4`	`A TRUE COPY OF THE SUIT AS OS NO.19/12` `FILED BY SRI.BENOY AND OTHERS BEFORE THE` `ADDITIONAL DISTRICT COURT ERNAKULAM DATED` `3/1/2012.`
`ANNEXURE`	`5`	`A TRUE COPY OF THE MEDICAL CERTIFICATE` `ISSUED BY THE GOVERNMENT HOSPITAL` `VADAVUKODU TO SUBIN DATED 27.01.2013`
`ANNEXURE`	`6`	`A TRUE COPY OF THE LETTER SUBMITTED BY` `REV. FR.MATHAI EDAYANAL COR EPISCOPA TO` `THE PUTHENCRUZ POLICE STATION DATED` `28/1/2013.`
`ANNEXURE`	`7`	`A TRUE COPY OF THE FIR IN CRIME NO.61/13` `ON THE FILE OF PUTHENCRUZ POLICE STATION` `DATED 27/1/13`
`ANNEXURE`	`8`	`A TRUE COPY OF THE FINAL REPORT IN FIR` `NO.61/13 OF THE PUTHENCRUZ POLICE STATION` `DATED 27/1/2014.`
`ANNEXURE`	`9`	`A TRUE COPY OF THE CHARGE IN FIR` `NO.61/A/3 REGISTERED BY PUTHENCRUZ POLICE` `STATION DATED 27/1/14.`
`ANNEXURE`	`X`	`A TRUE COPY OF THE ORDER IN I.A.NO.` `1230/2018 IN O.S.NO.24/2013 ON THE FILE` `OF DISTRICT COURT, ERNAKULAM DATED` `4.1.2019`

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CRL.MC NO. 4141 OF 2015

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ANNEXURE XIA TRUE COPY OF THE PLAINT IN O.S.142/1974
ON THE FILE OF SUB COURT, KOTTAYAM DATED
24.06.1974
A TRUE COPY OF THE RELEVANT PAGES OF
ANNEXURE XIIMINUTES BOOK OF THE MALANKARA SURIYANI
KRISTANI ASSOCIATION HELD AT
M.D.SEMINARY, KOTTAYAM ON 28.12.1965
ANNEXURE XIIIA TRUE COPY OF THE ELECTION OF
REPRESENTATIVES OF ST.MARY’S ORTHODOX
CHURCH, PAZHAMTHOTTAM TO MALANKARA
SURIYANI KRISTANI ASSOCIATION POTHUYOGAM
DATED 7.4.1977

Subin Paulose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Subin Paulose v. State of Kerala

Case brief

What is this about?

What did the court decide?

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