Crl.M.C. filed under Section 482 CrPC to quash proceedings alleging cheating and forgery. Court held applicant did not avail remedy for discharge before trial court. Matter closed with liberty to seek discharge.
liberty to approach the trial court for seeking discharge
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943
CRL.MC NO. 5386 OF 2018
CC 817/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THALASSERY
CRIME NO.763/2014 of DHARMADAM POLICE STATION
PETITIONER/ACCUSED NO.2:
SUDHEER C.K.
AGED 58 YEARS
S/O.P.MUKUNDAN
THERIMMAL HOSUE
MUZHAPPILANGAD-670 662
BY ADVS.
SRI.M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
RESPONDENT/COMPLAINANT & STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031
2 STATION HOUSE OFFICER (CRIME NO.763 OF 2014) DHARMADAM POLICE STATION, KANNUR DISTRICT – 670 001
BY ADV.
PP-SRI.SUDHEER GOPALAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 5386 OF 2018
ORDER
The petitioner is the accused No.2 in C.C. No.817/2016 on the file of the Judicial First Class Magistrate Court, Thalassery which arises from Crime No.763/2014 of Dharmadam Police Station. The offence alleged against the petitioner and the 1st accused are under Sections 420, 468, and 471 read with 34 of IPC.
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CRL.MC NO. 5386 OF 2018
petitioner herein, in this Crl.M.C., it is discernable from the records that, the petitioner has not availed the remedy to seek for discharge before the court below. In the facts and circumstances of the case, I am of the view that, it is only appropriate that the petitioner be granted an opportunity to approach the trial court for seeking for discharge.
In such circumstances, I am of the view that, the questions raised by the petitioner in this Crl.M.C. can be left open and the Crl.M.C. be closed by granting liberty to the petitioner to approach the trial court for discharge. Accordingly this Crl MC is closed leaving open the said remedy to the petitioner.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
SCS
CRL.MC NO. 5386 OF 2018
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APPENDIX OF CRL.MC 5386/2018
PETITIONER ANNEXURES
ANNEXURE AICERTIFIED COPY OF THE FIR IN CRIME
NO.763 OF 2014 DHARMADAM POLICE
STATION, KANNUR DISTRICT
ANNEXURE AIICERTIFIED COPY OF THE FINAL REPORT
FILED BY THE DHARMADAM POLICE IN CRIME
NO.763 OF 2014 AND TAKEN AS CC
NO.817/2016 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE, THALASSERY
ANNEXURE AIIITRUE COPY OF THE ORDER DATED 4.5.2018
IN CRL.M.A.NO.4917 OF 2018 IN CRL.M.C.
NO.2928 OF 2018 OF THIS HON’BLE COURT
1 issue framed by the court
Whether the High Court should decide the special leave petition on merits when the accused has not sought discharge before the trial court.
1 provisions across 1 enactments
SUDHEER C.K.
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court