Disposed

Jojimon Joseph v. State of Kerala

Kerala HC20 Dec 2022WP(Crl.)/664/2022

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What is this about?

The High Court disposed of a criminal writ petition seeking a direction for expeditious disposal of a pending sanction application for prosecution under Section 197 Cr.P.C. The Court directed the 1st respondent to consider and pass appropriate orders within two months.

What did the court decide?

Direction to the 1st respondent to consider and pass appropriate orders on Ext.P6 within two months.

Jojimon Joseph Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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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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TUESDAY,THE 20^TH DAY OF DECEMBER 2022/29TH AGRAHAYANA, 1944

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WP(CRL.) NO. 664 OF 2022

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AGAINST THE ORDER/JUDGMENTCC 686/2013 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS ,NEDUMKANDOM

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PETITIONER/S:

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JOJIMON JOSEPH, AGED 33 YEARS KIZHAKKEMURIYIL HOUSE, PALAKKADA BHAGAM, KANCHIYAR KARA, AYYAPPANKOVIL VILLAGE, IDUKKI DISTRICT, KERALA, PIN - 685511 BY ADVS. PRANOY K.KOTTARAM GEORGE JOSEPH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT TAXES DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001

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2 THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, VIKAS BHAVAN, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033

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3 DEPUTY EXCISE COMMISSIONER EXCISE DIVISION OFFICE, EXCISE COMPLED THODUPUZHA EAST (P.O), IDUKKI, PIN - 685585

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4 RAJKUMAR, RESIDING AT MAMMOOTTIL HOUSE, THEKKADI KARA,KUMILI VILLAGE, IDUKKI - 685509 (WORKING AS CEO AT THE EXCISE CHECK POST, CUMBUMMETTU), PIN - 685509

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5 RAJESH JOHN, EDATHINAKATHU HOUSE, MANNAMPRAVU BAGHAM, MANNARKAYAM KARA, CHIRAKKADAVU VILLAGE, KOTTAYAM – 686506 (WORKING AS EXCISE INSPECTOR AT THE EXCISE CHECK POST, CUMBUMMETTU), PIN - 686506

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6 BIJU JACOB, RESIDING AT THYKKATTU HOUSE, CHELLARKOVIL KARA,ANAKKARA VILLAGE, IDUKKI – 685551 (WORKING AS CEO AT THE EXCISE CHECK POST, CUMBUMMETTU), PIN - 685551 ADV SREEJA V -SR PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.) No.664/2022

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JUDGMENT

Dated this the 20^th day of December, 2022

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The petitioner herein is the defacto complainant in crime No.407/2013 of Cumbummettu Police Station. The aforesaid crime was registered against respondents Nos. 4 to 6 as accused Nos.1 to 3, respectively. Respondents 4 to 6 are the Officers of the Excise Department working at Cumbummettu Check post during the year 2013. The offences alleged against the accused are under Sections 341, 323, 324, 427, 294(b) read with Section 34 of the Indian Penal Code.

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Ext.P2 is the final report submitted by the Police in this case. The grievance of the petitioner is that, the prosecution against the accused persons are unable to continue as no sanction has been granted by the Government for prosecuting them under Section 197 of Cr.P.C. The learned counsel for the petitioner pointed out that, highlighting the said aspects and requesting appropriate steps to issue sanction for prosecuting the respondents, the petitioner had already submitted Ext.P6 representation before the 3^rd respondent, which is now pending

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WP(Crl.) No.664/2022

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: 3 :

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before the 1^st respondent for further consideration. The petitioner seeks for a direction to the 1^st respondent to dispose of the said application within a time frame.

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After considering all the relevant aspects, I am of the view that, since the application is pending, it is proper that a decision is taken thereon by the 1^st respondent. In such circumstances, this writ petition is disposed of with a direction to the 1^st respondent to

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consider and pass appropriate orders on Ext.P6 as expeditiously as possible, at any rate, within a period of two months from the date of production of a copy of this judgment.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

WP(Crl.) No.664/2022

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APPENDIX OF WP(CRL.) 664/2022

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PETITION	ER EXH	IBITS
Exhibit	P1	A TRUE COPY OF THE FIR DATED 06.09.2013 OF THE CUMBUMMETTU POLICE STATION
Exhibit	P2	A COPY OF THE FINAL REPORT FILED IN CRIME NO. 407/2013 OF THE CUMBUMMETTU POLICE STATION
Exhibit	P3	A COPY OF THE ORDER DATED 07.07.2016 IN CMP 777/2015 IN CC 686/20131 OF JFCM NEDUMKANDAM
Exhibit	P4	A TRUE COPY OF THE REPORTS SUBMITTED BY THE SHO CUMBUMMETTU POLICE STATION BEFORE THE JFCM NEDUMKANDAM DURING THE PERIOD FROM 02.08.2016 TO 27.11.2018
Exhibit	P5	A COPY OF THE FINAL SUPPLEMENTARY CHARGE DATED 10.11.2021 IN CRIME NO. 407/2013
Exhibit	P6	A TRUE COPY OF THE REPRESENTATION DATED 29.06.2022
Exhibit	P7	A COPY OF THE REPRESENTATION DATED 23.11.2022 SUBMITTED BEFORE THE 1ST RESPONDENT

Jojimon Joseph v. State of Kerala

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Jojimon Joseph v. State of Kerala

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