Dismissed

Mr. Manoj Kurian Koshy v. State of Kerala

Kerala HC1 Nov 2023Crl.MC/524/2023

Case brief

AI extract

What is this about?

The High Court disposed of an Criminal Miscellaneous Petition filed by accused Nos. 3 to 6. The Court held that a discharge petition is maintainable without framed charges, to be filed within three weeks, and allowed the Magistrate to hear it within six weeks without insisting on the petitioners' presence.

What did the court decide?

Petitioners directed to file discharge petition within three weeks; Magistrate to dispose within six weeks; petitioners' personal presence not required.

Mr. Manoj Kurian Koshy Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945

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CRL.MC NO. 524 OF 2023

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CRIME NO.1292/2018 OF Thumba Police Station,

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Thiruvananthapuram

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CC 143/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST CASES)

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PETITIONERS/ACCUSED 3 TO 6:

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1 MR. MANOJ KURIAN KOSHY AGED 62 YEARS, S/O.KOSHY, TC 14/625, KAITHAPARAMBIL, THOVYA 9, CHENNILODE, THIRUVANANTHAPURAM - 695011

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2 MR. JOSEPH NEVIL AGED 60 YEARS, S/O. STEPHEN, GRA-546, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM - 695004

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3 MR. JOSEPH OOMMEN AGED 68 YEARS, S/O. P.O. JOSEPH, APT-1A, SKYLINE SYMPHONY, VAZHUTHACAUD, THIRUVANANTHAPURAM -695014

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4 MR. JACOB V EAPEN AGED 56 YEARS, S/O. V.C. EAPEN, T.C 2/1663, GOWREESAPATTOM, PATTOM PALACE P. O., THIRUVANANTHAPURAM -695004

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BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH PRIYA RANI SREEKUMAR

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RESPONDENTS/DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682011

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2 SUB INSPECTOR OF POLICE THUMBA POLICE STATION, STATION KADAVU, VSSC RD, THIRUVANANTHAPURAM- 695583

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3 MR.THOMAS BABU AGED 48 YEARS, MANAGING DIRECTOR,

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CrlM.C..No.524/2023

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JBT PROPERTIES PVT. LTD., TC 9/989(1),
PANICKER LANE, SHASTHAMANGALAM,
THIRUVANANTHAPURAM - 695010

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BY ADVS.
Vinod B
I.V.PRAMOD(K/88/1997)
SAIRA SOURAJ P.(K/841/2019)
H.JOSH(K/3127/1999.)
SAJEENA ABDU T.K.(K/476/2022)

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OTHER PRESENT:

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SRI RENJITH TR, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.11.2023, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:

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CrlM.C..No.524/2023

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P.V.KUNHIKRISHNAN, J.

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Crl.M.C. No.524 of 2023

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Dated this the 01^st day of November, 2023

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ORDER

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Petitioners are accused Nos.3 to 6 in C.C.No.143/2020 on the file of the Judicial First Class Magistrate Court-V, Thiruvananthapuram, arising from Crime No.1292/2018 of Thumba Police Station.

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After hearing the counsel for the petitioners for some time, I am of the considered opinion that this criminal miscellaneous case need not be entertained for the simple reason that the calendar case is of the year 2020 and the crime itself was registered in the year 2018. The counsel for the petitioners submitted that even if the entire allegations are accepted, no offence is made out against the petitioners, who are accused Nos.3 to 6. If that be the case, the petitioners can file a discharge petition before the trial court, if charge is not framed. If such a discharge petition is filed, there can be a direction to consider the same, without insisting the presence of the petitioners.

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CrlM.C..No.524/2023

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Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:

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The petitioners are free to file a discharge petition before the Judicial First Class Magistrate Court-V, Thiruvananthapuram, within three weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed.

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Once such a discharge petition is received, the Magistrate will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the Prosecutor concerned, within a period of six weeks from the date of receipt of the discharge petition.

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If a discharge petition is filed as directed above, the presence of the petitioners shall not be insisted by the Magistrate, till final orders are passed in the discharge petition.

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CrlM.C..No.524/2023

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All the contentions raised by the petitioners in this criminal miscellaneous

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case are left open.

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sd/-

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P.V.KUNHIKRISHNAN

JUDGE

CrlM.C..No.524/2023

`PETITIONER ANNEX`	`APPENDIX OF CRL.MC` `URES`	`524/2023`
`Annexure A1`	`CERTIFIED COPY OF` `DATED 12.11.2018` `STATION, THIRUVAN`	`THE F.I.R. NO. 1292/2018` `OF THE THUMBA POLICE` `ATHAPURAM`
`Annexure A2`	`CERTIFIED COPY OF` `NO. 143/2020 DATE` `OF THE LEARNED JU` `MAGISTRATE COURT-`	`THE FINAL REPORT IN C.C` `D 20.02.2020 ON THE FILES` `DICIAL FIRST-CLASS` `V, THIRUVANATHUPURAM`
`Annexure A3`	`TRUE COPY OF THE` `UNDERSTANDING DAT`	`MEMORANDUM OF` `ED 30.10.2014`
`Annexure A4`	`TRUE COPY OF THE` `DATED 12.12.2014`	`JOINT VENTURE AGREEMENT`
`Annexure A5`	`TRUE COPY OF THE` `DATED 17.10.2015`	`SUPPLEMENTARY AGREEMENT`
`Annexure A6`	`TRUE COPY OF DEED` `23.10.2015`	`OF PARTNERSHIP DATED`
`Annexure A7`	`TRUE COPY OF THE` `21.11.2015`	`AMENDMENT AGREEMENT DATED`
`Annexure A8`	`TRUE COPY OF THE` `21.03.2016`	`AGREEMENT DATED`
`Annexure A9`	`TRUE COPY OF BANK` `15.09.2018`	`STATEMENT DATED`
`Annexure A10`	`TRUE COPY OF THE` `21.03.2016`	`AGREEMENT DATED`
`Annexure A11`	`TRUE COPY OF THE` `23.03.2016`	`AGREEMENT DATED`
`Annexure A12`	`TRUE COPY OF THE` `DATED 07.09.2018` `LEARNED SUB-COURT`	`PLAINT IN OS NO. 158/2018` `ON THE FILES OF THE` `, THIRUVANANTHAPURAM`
`Annexure A13`	`TRUE COPY OF THE` `01.02.2019 OF D1` `ON THE FILES OF T` `THIRUVANANTHAPURA`	`WRITTEN STATEMENT DATED` `AND D2 IN OS NO. 158/2018` `HE LEARNED SUB-COURT,` `M`
`Annexure A14`	`TRUE COPY OF THE` `08.10.2018 OF D3` `FILES OF THE LEAR` `THIRUVANANTHAPURA`	`WRITTEN STATEMENT DATED` `IN OS NO. 158/2018 ON THE` `NED SUB-COURT,` `M`

Mr. Manoj Kurian Koshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mr. Manoj Kurian Koshy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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