Disposed

A.V. Punnus v. State of Kerala

Kerala HC6 Nov 2023Crl.MC/5472/2013

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of three long-pending criminal miscellaneous charters filed by accused persons. Observing that the trial court had already framed charges and assured completion within six months without any court stay, the High Court held merit examination unnecessary and allowed petitioners to raise contentions at the trial court level.

What did the court decide?

Petitioners granted liberty to raise contentions before trial court; criminal miscellaneous cases disposed of.

A.V. Punnus Vs State of Kerala — Civil Procedure and Limitation | 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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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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CRL.MC NO. 5518 OF 2013

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AGAINST THE ORDER/JUDGMENT IN CC 1031/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ,KOLENCHERRY

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PETITIONER/ACCUSED NO.3:

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ELIZABETH P.JOHN W/O.SRI.JOHN, PERINGATTU HOUSE, PAZHAMTHOTTAM P.O., ERNAKULAM, PIN-683565.

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BY ADVS. S.RAJEEV S M.S.ANEER(K/644/2013) V.VINAY(K/355/2009) SARATH K.P.(K/001467/2021) PRERITH PHILIP JOSEPH(K/000736/2015) ANILKUMAR C.R.(K/001190/2020)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, PATTIMATTOM P.O., ERNAKULAM PIN-683562 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-PIN-682031. 2 VARGHESE S/O.CHAKKU, NJALIYATH HOUSE, KARUKUTTY P.O., NEAR ST.XAVIER'S CHAPPEL, ERNAKULAM DISTRICT, PIN683576(BRANCH MANAGER, FEDERAL BANK LTD., MECKAMKUNNEL SHOPPING COMPLEX, PP ROAD, PATTIMATTOM P.O., ERNAKULAM683562. BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS

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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 06.11.2023, ALONG WITH Crl.MC.5472/2013, 5474/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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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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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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CRL.MC NO. 5472 OF 2013

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AGAINST THE ORDER/JUDGMENT CC 1031/2012 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS ,KOLENCHERRY

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PETITIONER/S:

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A.V. PUNNUS SON OF MR. VARKEY, ATHIKKAKUZHI VEETTIL, CHENGAMANAD, NEDUMBASSERY, ATHANI P.O, ERNAKULAM PIN 683 585.

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BY ADVS. S.RAJEEV S V.VINAY(K/355/2009) M.S.ANEER(K/644/2013) SARATH K.P.(K/001467/2021) ANILKUMAR C.R.(K/001190/2020)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION.

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2 VARGHESE SON OF CHAKKU, NJALIYATH HOUSE, KARUKUTTY P.O, NEAR ST.XAVIERS CHAPPEL, BRANCH MANAGER, FEDERAL BANK LIMITED, MECKAMKUNNEL SHOPPING COMPLEX, P.P ROAD, PATTIMATTOM P.O, ERNAKULAM 683 562.

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH Crl.MC.5518/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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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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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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CRL.MC NO. 5474 OF 2013

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AGAINST THE ORDER/JUDGMENT CC 1031/2012 OF II ADDITIONAL

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DISTRICT COURT,ERNAKULAM

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PETITIONER/S:

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GEEVARGHESE P.JOHN AGED 24 YEARS S/O SRI. JOHN, PERINGATTU HOUSE, PAZHAMTHOTTAM P.O, ERNAKULAM DISTRICT 683565

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BY ADVS. S.RAJEEV S, V.VINAY(K/355/2009) M.S.ANEER(K/644/2013) SARATH K.P.(K/001467/2021) PRERITH PHILIP JOSEPH(K/000736/2015) ANILKUMAR C.R.(K/001190/2020)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, PATTIMATTOM (P.O) ERNAKULAM 683562

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2 VARGHESE S/O CHAKKUM NJALIYATH HOUSE, KARUKUTTY (P.O) NEAR ST. XAVIER'S CHAPPEL, ERNAKULAM DISTRICT 683576 (BRANCH MANAGER, FEDERAL BANK LTD, MECAMKUNNEL SHOPPING COMPLEX, P.P ROAD, PATTIMATTOM P.O, ERNAKULAM 683562) BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.11.2023, ALONG WITH Crl.MC.5518/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - CRL.MC Nos.5518, 5472 & 5474 of 2013

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6^th day of November, 2023

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ORDER

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These three Criminal Miscellaneous Cases are connected and therefore, I am disposing of these three Criminal Miscellaneous Cases by a common order.

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The petitioners in these Criminal Miscellaneous

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Cases are the accused in C.C.No.1031/2022 on the files of the Judicial First Class Magistrate Court, Kolenchery. The The above case is charge sheeted against the petitioners alleging offences punishable under Sections 120B, 468, 471, 409, 417, 420 r/w Section 34 IPC.

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These Criminal Miscellaneous Cases are pending before this Court from 2013 onwards. When these Criminal Miscellaneous Cases came up for consideration on 11.10.2023, this Court directed the registry to get a report from the Judicial First Class Magistrate Court, Kolenchery about the present stage of C.C.No.1031/2022 and the time required to dispose of the matter. A report is submitted by

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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the learned Magistrate. It will be better to extract the same.

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“This is a case instituted upon a final report filed by the Inspector of Police Kunnathunadu police station against 5 accused. The final report was filed before the court on 18.08.2012 and cognizance taken for the offence punishable under section 120(b). 468, 471, 409, 417, 420 and 34 of IPC against the accused. After the appearance of the accused the case was got adjourned from 21.02.2013 till 30.11.2022 on the ground that the Hon'ble High Court has granted interim stay to the proceedings in Cri M C 5473/13, 5474/13, 5518/13, 5472/13. As the latest stay order was not produced on 30.11.2022 accused was directed to appear for framing charge. It was submitted by the counsel of accused that there was no stay pending. Therefore after hearing both sides charge for the offence was framed read over to accused and summons issued to prosecution witnesses CW1 to CW3 on 6.07.2023. Prosecution has cited 30 witnesses Hence it may take around 4 to 5 months to complete the evidence. I also submit that I shall take at most effort to dispose the matter earlier. This is submitted for favour of necessary action.”

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From the above, it is clear that since there was no stay order from this Court, the court framed charge against the petitioners and the summons was also issued to charge witness No.1. The learned Magistrate also assured that the

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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case can be disposed within six months. If that is the case, I am of the considered opinion that this Court need not go to the merit of the case at this fag end of the case. The petitioners can raise all the contentions raised before this court before the trial court during the trial. If any application are filed by the petitioners for exemption, that also should be considered by the learned Magistrate.

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Granting liberty to the petitioners to raise all the contentions before the trial court, these criminal miscellaneous cases are disposed of.

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Sd/- P.V.KUNHIKRISHNAN JUDGE

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bng

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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APPENDIX OF CRL.MC 5518/2013

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PETITIONER ANNEXURES

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ANNEXURE A1	CERTIFIED COPY OF THE CHARGE FILED IN
	CALENDAR CASE NO.1031 OF 2012 DATED 30^th JUNE 2012, ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY
ANNEXURE A2	TRUE COPY OF THE LOAN AGREEMENT, EXECUTED BY ACCUSED NOS.1 & 2
ANNEXURE A3	TRUE COPY OF THE LOAN AGREEMENT, EXECUTED BY ACCUSED NOS. 1 & 3
ANNEXURE A4	TRUE COPY OF THE DEMAND PROMISSORY NOTE EXECUTED BY ACCUSED NOS. 1 & 2
ANNEXURE A5	TRUE COPY OF THE DEMAND PROMISSORY NOTE EXECUTED BY ACCUSED NOS. 1 & 3
ANNEXURE A6	TRUE COPY OF THE LETTER EVIDENCING DEPOSIT OF TITLE DEED BY THE PETITIONER
ANNEXURE A7	TRUE COPY OF THE ORIGINAL APPLICATION NO.122 OF 2013 ON THE FILES OF DEBTS RECOVERY TRIBAUNAL, ERNAKULAM

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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APPENDIX OF CRL.MC 5472/2013

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PETITIONER ANNEXURES

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ANNEXURE A1 COPY OF THE CHARGE FILED IN CALENDER CASE NO.1031 OF 2012 DATED 30.06.12 ISSUED BY THE JFCM COURT, KOLENCHERY. ANNEXURE A2 COPY OF THE ORIGINAL APPLICATION NO.122/2013 ON THE FILES OF DEBTS RECOVERY TRIBUNAL, ERNAKULAM.

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CRL.MC Nos.5518, 5472 & 5474 of 2013

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APPENDIX OF CRL.MC 5474/2013

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PETITIONER ANNEXURES

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ANNEXURE A1	CERTIFIED COPY OF THE CHARGE FILED IN
	CALENDAR CASE NO 1031 OF 2012 DATED 30TH JUNCE 2012, ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY
ANNEXURE A2	TRUE COPY OF THE LOAN AGREEMENT, EXECUTED BY THE ACCUSED NO 1 & 2
ANNEXURE A3	TRUE COPY OF THE LOAN AGREEDMETN, EXECUTED BY THE ACCUSED NO 1 & 3
ANNEXURE A4	TRUE COPY OF THE DEMAND PROMISSORY NOTE EXECUTED BY THE ACCUSED NO 1 & 2
ANNEXURE A5	TRUE COPY OF THE DEMAND PROMISSORY NOTE EXECUTED BY THE ACCUSED NO 1 & 3
ANNEXURE A6	TRUE COPY OF THE LETTER EVIDENCING DEPOSIT OF THE TITLE DEED BY THE PETITIONER
ANNEXURE A7	TRUE COPY OF THE ORGINAL APPLICATION NO 122 OF THE 2013 ON THE FILES OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM

A.V. Punnus v. State of Kerala

Case brief

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A.V. Punnus v. State of Kerala

Case brief

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