Disposed

Saju P.P. v. State of Kerala

Kerala HC1 Sept 2022Crl.MC/7575/2016

Case brief

AI extract

What is this about?

Petitioners sought appointment of a separate Public Prosecutor for a counter case pending before the Magistrate Court. The Court instructed the Magistrate to dispose of both cases expeditiously after confirming that separate prosecutors were already assigned to the respective cases.

What did the court decide?

Crl.M.C. closed; Magistrate directed to take up and consider the pending C.C. cases expeditiously.

Saju P.P. Vs State of Kerala — Kerala HC (2022) — 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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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022/10 TH BHADRA, 1944

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CRL.MC NO. 7575 OF 2016

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AGAINST THE ORDER/JUDGMENTCC 1378/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM

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PETITIONER/S:

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1 SAJU P.P. AGED 54 YEARS AGED 54 YEARS, S/O. PATHROSE, PALLATHADATHIL HOUSE, VELIYANADU, EDAKKATTU VAYAL VILLAGE, PIRAVOM, ERNAKULAM DISTRICT.

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2 SINI AGED 44 YEARS AGED 44 YEARS, W/O. SAJU P.P., PALLATHADATHIL HOUSE,VELIYANADU, EDAKKATTU VAYAL VILLAGE, PIRAVOM, ERNAKULAM DISTRICT. BY ADV SRI.A.V.JAMES

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682 031. ADV. M. P. PRASHANT- PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.7575/2016

: 2 :

ORDER

Dated this the 1^st day of September, 2022

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This Crl.M.C. is filed by accused Nos.1 and 2 in C.C. No.1378/2014 on the file of the Judicial First Class Magistrate's Court, Piravom. In connection with the very same incident which is the subject matter of the aforesaid case, a counter case was also registered as C.C. No.1379/2014 and the same is also pending before the very same court. This Crl.M.C. is filed, on the reason that, for the purpose of conducting the counter case, no separate additional Public Prosecutor was appointed and the prayer sought for is to direct the court below to proceed both the cases only after appointing another Public Prosecutor.

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On 08.08.2022, when the matter came up for consideration, a report was called for from the learned Magistrate as to the status of the case and also asked to report whether separate Public Prosecutors were appointed for the said cases. In response to the same, a report dated 24.08.2022 has been

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Crl.M.C.No.7575/2016

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: 3 :

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placed on record, wherein it is mentioned that, the Deputy Director of Prosecution, Ernakulam appointed Assistant Public Prosecutor attached to the Judicial First Class Magistrate's Court, Piravom to conduct the prosecution case in C.C. No.1378/2014 and Assistant Public Prosecutor attached to the Judicial First Class Magistrate's Court, Moovattupuzha, is entrusted with the prosecution of the case in C.C. No.1379/2014.

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Now, since the separate Prosecutors were appointed to conduct the aforesaid cases, no further orders are necessary in this Crl.M.C. In such circumstances, the Crl.M.C. is closed recording the above aspects and directing the Magistrate to take up and consider the aforesaid cases as expeditiously as possible.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.7575/2016

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APPENDIX OF CRL.MC 7575/2016

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PETITIONER ANNEXURES ANNEXURE P1 CERTIFIED COPIES OF THE FIR IN CRIME NO.271/2010 OF MULAMTHURUTHY POLICE STATION. ANNEXURE P2 COPY OF THE FIR IN CRIME NO.272/2010 OF MULAMTHURUTHY POLICE STATION.

Saju P.P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saju P.P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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