This order grants an extension to the de facto complainant who is abroad, directing coercive steps under Cr.P.C. Sections 82 and 83 to remain in abeyance until the end of May 2022 to allow him to file his statement.
Coercive steps under Sections 82 and 83 Cr.P.C. kept in abeyance until the end of May 2022.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 14TH DAY OF FEBRUARY, 2022/25TH MAGHA, 1943
CRL.MC NO. 520 OF 2022
[AGAINST THE ORDER DTD.12/7/2019 IN CC NO.283/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA]
PETITIONER/DE FACTO COMPLAINANT:
ABY BABY VARGHESE, AGED 42 YEARS, S/O.BABY, PARAMBIL VADAKKETHIL, PUTHIYAKAVU MURI, MAVELIKKARA VILLAGE. BY ADVS. GISA SUSAN THOMAS ANJANA G.
RESPONDENTS/COMPLAINANTS:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE MAVELIKKARA POLICE STATION, MAVELIKKARA - 690 502.
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Petitioner is the de facto complainant in Crime
No.27 of 2008 of Mavelikkara Police Station. On conclusion of investigation, charge sheet has been laid before the Judicial First Class Magistrate Court-I, Mavelikkara where the case is pending as C.C.No.283 of 2018. Petitioner is presently abroad in Canada. Now on commencement of trial, coercive steps have been initiated against him including steps under Sections 82 and 83 Cr.P.C. Petitioner seeks an order of this Court for quashing such steps.
well as the learned Senior Public Prosecutor.
that he will make himself available for examination between 10/5/2022 and 18/5/2022.
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coercive steps initiated against the petitioner shall be kept in abeyance till the end of May,2022. I have no doubt that the learned Magistrate shall take steps to record the statement of the petitioner during the period between 10.5.2022 and 18.5.2022.
This Crl.M.C. is disposed of as above.
sd/-
K.HARIPAL, Judge
MBS/
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APPENDIX OF CRL.MC 520/2022
PETITIONER ANNEXURES
Annexure A1 COPY OF THE FINAL REPORT DATED 22/08/2017 OF MAVELIKKARA POLICE STATION IN CRIME NO.27/2008. Annexure A2 COPY OF THE ORDER DATED 12/07/2019 IN C.C.NO.283/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, MAVELIKKARA. Annexure A3 CERTIFIED COPY OF THE LETTER DATED 26/11/2019 ISSUED BY 2ND RESPONDENT TO THE VILLAGE OFFICER, MAVELIKKARA. Annexure A4 COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT IN CRL.M.C.NO.2086/2020 DATED 10/03/2020. Annexure A5 CERTIFIED COPY OF THE PETITION DATED 15/10/2020 TO RECALL STEP UNDER SECTION 82 AND 83 CR.P.C. Annexure A6 CERTIFIED COPY OF THE 'B' DIARY PROCEEDINGS IN C.C.NO.283/2018 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, MAVELIKKARA.
Aby Baby Varghese
The State of Kerala Represented by Public Prosecutor
Sub Inspector of Police Mavelikkara Police Station
K. Haripal
As recorded by the court registry
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