Kerala HC disposed of Criminal Misc. No. 431 of 2022 by holding that contentions should be raised via discharge petition before trial court if charge is not framed, leaving all contentions open.
Petitioner directed to file discharge petition before trial court within three weeks if charge is not framed.
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.
CRL.MC NO. 431 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 3RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945 CRL.MC NO. 431 OF 2022
CRIME NO.1798/2020 OF Ochira Police Station, Kollam AGAINST THE ORDER/JUDGMENT CC 559/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY
PETITIONER/S:
KOZHY KUNJU AGED 57 YEARS S/O. THANKACHAN, RESIDING AT MENGAYIL VEEDU, KOZHIKKODU KIZHAKKUM MURI, AYANIVELIKULANGARA VILLAGE, S.V MARKET P.O, KARUNAGAPPALLY, KOLLAM
BY ADVS. B.KRISHNA MANI N.V.SANDHYA
RESPONDENT/S:
CRL.MC NO. 431 OF 2022 2
OTHER PRESENT:
SRI.HRITHWIK.C.S, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 431 OF 2022
3
P.V.KUNHIKRISHNAN, J
Crl.M.C. No. 431 of 2022
Dated this the 3rd day of November, 2023
O R D E R
This Crl.M.C. is filed to quash the proceedings in CC No. 559/2021 on the file of the Judicial First Class Magistrate Court, Karunagappally arising from Crime No. 1798/2020 of Oachira Police Station.
Therefore, this Crl.M.C. is disposed of with the following
CRL.MC NO. 431 OF 2022 4
directions :
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Kozhy Kunju
The State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
