This judgment orders the closure of two Criminal Miscellaneous cases filed by accused persons challenging an FIR, noting that a Final Report was pending before the Trial Court, without prejudice to future rights.
Criminal Miscellaneous cases closed without prejudice to rights of petitioners in challenging the Final Report.
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 ZIYAD RAHMAN A.A.
WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944
CRL.MC NO. 6928 OF 2019
AGAINST THE ORDER/JUDGMENTCMP 605/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ERATTUPETTA
PETITIONER/S:
P.V.BABY AGED 54 YEARS S/O.VARKEY PULPARAMBIL HOUSE, ARUVILAMCHAL.P.O KANTHIPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, KERALA STATE PIN-685619 BY ADVS. GRASHIOUS KURIAKOSE (SR.) GEORGE JOSEPH GEORGE MATHEWS
RESPONDENT/S:
1 STATE OF KERALA SHO ERATUPETTA POLICE STATION PIN -686121 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 MEENACHIL CO-OPERATIVE AND AGRICULTURAL DEVELOPMENT BANK GROUP PALAI REPRESENTED BY ITS SECRETARY MR.DENNIS MATHEW, LALAM VILLAGE, ERATTUPETTA, KOTTAYAM DISTRICT, KERALA STATE PIN-686121 3 SMT.JOLLY GEORGE AGED 51 YEARS W/O.GEORGE JOSEPH RESIDING AT MANNUMATTATHIL HOUSE, MELAMPARA KARA, THALAPALAM VILLAGE, MEENACHIL TALUK NOW RESIDING AT MANNUMATTATHIL HOUSE, NEDUMKANDAM.P.O., IDUKKI DISTRICT, KERALA STATE PIN685553 BY ADVS. SRI.SUNIL CYRIAC SRI.K.K.SATHISH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC Nos.6928/2019 & 1200 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944
CRL.MC NO. 1200 OF 2020
PETITIONER/S:
JOLLY GEORGE AGED 52 YEARS W/O. GEORGE JOSEPH, MANNUMATTATHIL HOUSE, MELAMPARA AKARA, THALAPALAM VILLAGE, MEENACHIL TALUK NOW RESIDING AT MANNUMATTATHIL HOUSE, NEDUMKANDAM P.O. IDUKKI DISTRICT 685 553.
BY ADV SRI.K.K.SATHISH
RESPONDENT/S:
SHO ERATTUPETTA POLICE STATION, 686 121, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31.
2 MEENACHIL CO-OPEERATIVE AND AGRICULTURAL AND AGRICULTURAL DEVELOPMENT BANK GROUP, PALA REPRESENTED BY ITS SECRETARY DENNIS MAHEW, LALAM VILLAGE, ERATTUPETTA, KOTTAYAM DISTRICT 686 1221. 3 P.V. BAY, AGED 54 YEARS S/O. VARKEY, PULPARABIL HOUSE ARUVILAMCHAL PO KANTHIPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT 685 619.
BY ADV SUNIL CYRIAC
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC Nos.6928/2019 & 1200 OF 2020
3
ZIYAD RAHMAN A.A., J
…..….................................... Crl.M.C.Nos. 6928 of 2019 &
1200 of 2020
…....................................................... Dated this the 20th day of July, 2022
ORDER
Both these Crl.M.Cs are filed by the accused persons in Crime No. 642/2019 of Erattupetta Police Station, challenging the FIR registered therein.
In such circumstances, these Crl.M.Cs are closed without prejudice to the rights of the petitioners in challenging the Final Reports.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
Dxy
CRL.MC Nos.6928/2019 & 1200 OF 2020
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APPENDIX OF CRL.MC 6928/2019
| PETITION | ER ANNEX | URES |
|---|---|---|
| ANNEXURE | I | THE TRUE COPY OF THE FIR NO.641/2019 OF ERATTUPETTA POLICE STATION |
| ANNEXURE | II | THE TRUE COPY OF THE COMPLAINT FILED AS CMP 605/2019 BEFORE JFM COURT ERATTUPETTA |
| ANNEXURE | III | THE TRUE COPY OF THE AGREEMENT FOR SALE NO.509/2014 OF THE SUB REGISTRAR ERATTUPETTA |
| ANNEXURE | IV | THE TRUE COPY OF THE LETTER DATED 15.12.2014 SENT BY THE PETITIONER TO THE HUSBAND OF RESPONDENT NO.3 |
| ANNEXURE | V | THE COPY OF REPLY LETTER DATED 20.12.2014 SENT BY THE HUSBAND OF RESPONDENT NO.3 TO THE PETITIONER |
| ANNEXURE | VI | TRUE COPY OF THE SALE DEED NO.53/15 OF THE SUB REGISTRAR ERATTUPETTA |
| ANNEXURE | VII | TRUE COPY OF A LETTER IN RESPECT OF PUBLIC AUCTION OF THE PROPERTY ISSUED TO RESPONDENT |
| NO.3 BY RESPONDENT NO.2 DATED 4/6/2015 |
CRL.MC Nos.6928/2019 & 1200 OF 2020
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APPENDIX OF CRL.MC 1200/2020
PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 642/2019 OF ERATTUPETTA POLICE STATION DATED 11.4.2019. ANNEXURE A2 CERTIFIED COPY OF THE COMPLAINT FILED AS CMP NO. 606 /2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA BY THE 2ND RESPONDENT BANK IN FIR NO. 642/2019 O ERATTUPETTA POLICE STATION. ANNEXURE A3 TRUE COPY OF THAT AGREEMENT FOR SALE NO. 508/2014 OF THE SRO, ERATTUPETTA DATED 13.3.2014. ANNEXURE A4 TRUE COPY OF THAT SALE DEED NO. 54/2015 OF THE SRO, ERATTUPETTA DATED 1.1.2015. ANNEXURE A5 TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER DATED 4.6.2015.
P.V. BABY
STATE OF KERALA
MEENACHIL CO-OPERATIVE AND AGRICULTURAL DEVELOPMENT BANK GROUP PALAI
SMT. JOLLY GEORGE
JOLLY GEORGE
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
