This criminal miscellaneous petition seeking to quash further proceedings in a criminal case was closed by reserving the right of a third respondent to object to the final report of the investigation agency.
The petition was closed with the right of the third respondent to object to the final report being reserved.
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.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945
CRL.MC NO. 1238 OF 2023
PETITIONERS/ACCUSED 1 AND 2:
1SURESHKUMAR
AGED54YEARS
S/OVELAPPAN,VILAYILVEEDU,KURIPPUZHA,
KAVANADUP.O.,KOLLAMDISTRICT,PIN-691003
2RAJI
AGED24YEARS
D/O.SUNEESHKUMAR,VILAYILVEEDU,KURIPPUZHA,
KAVANADU,KOLLAMDISTRICT,PIN-691003
BYADVAJAYAKUMAR.G
RESPONDENTS/STATE/ DE FACTO COMPLAINANT:
1STATEOFKERALA
REPRESENTEDBYPUBLICPROSECUTOR,HIGHCOURTOF
KERALA,PIN-682031
2 STATION HOUSE OFFICER CHITTOOR POLICE STATION, PALAKKAD DISTRICT, PIN - 6781013JAYESH
AGED31YEARS
S/O.MURALIDHARAN,CHAMAPARAMBUHOUSE,ATHIKKODE
P.O.,CHITTOORVILLAGE,PALAKKADDISTRICT,
PIN-678554
BYADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA(K/1605/2003)
Crl.M.C No.1238 of 2023
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SRI.M.P.PRASHANTH,PUBLICPROSECUTOR
THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
08.06.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:
Crl.M.C No.1238 of 2023
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ORDER
This petition is filed seeking to quash all further proceedings in Crime No.1032 of 2022 of the Chittoor Police Station, Palakkad.
When the matter is taken up for consideration, it is submitted by the learned Public Prosecutor that after completion of the investigation, a refer report has been submitted before the jurisdictional court. In that view of the matter, nothing further survives.
At this stage, Sri. Dheerendra Krishnan, the learned counsel appearing for the 3rd respondent submits that the right of the 3rd respondent to raise an objection to the refer report be reserved.
Reserving such right, this petition is closed.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE
IAP
Crl.M.C No.1238 of 2023
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APPENDIX OF CRL.MC 1238/2023
PETITIONERS’ ANN |
EXURES: |
|---|---|
Annexure A1 |
TRUE COPY OF THE FIR IN CRIME NO 301/2022OF KOLLAM WEST POLICE STATION DATED04-05-2022 |
Annexure2 |
A TRUE COPY OF THE ORIGINAL PETITION INO.P.(HMA) NO.356/2022 ON THE FILE OF THEFAMILY COURT, KOLLAM |
Annexure A3 |
A TRUE COPY OF THE ORIGINAL PETITION INM.C.NO.190/2022 ON THE FILE OF THE FAMILYCOURT, KOLLAM |
Annexure A4 |
CERTIFIED COPY OF THE FIR CRIME NO.1032/2022 OF CHITTOOR POLICE STATION,PALAKKAD |
Annexure A5 |
CERTIFIED COPY OF THE AFFIDAVIT FILED BYTHE 3RD PETITIONER BEFORE THE CJM COURT,CHITTOOR |
1 issue framed by the court
Whether to quash further proceedings in the underlying criminal case.
1 provisions across 1 enactments
SURESHKUMAR
RAJI
STATE OF KERALA
JAYESH
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court