Disposed

Juby Thomas v. Sub Inspector of Police

Kerala HC26 Sept 2023Crl.MC/639/2021

Case brief

AI extract

What is this about?

In a Criminal Misc. petition seeking quashing of proceedings, the High Court held that since the trial was over and the Stage of Record Statement under Section 313 CrPC was reached, the impugned petition need not be entertained at that stage.

What did the court decide?

The petition is disposed of directing the court below to dispose of the underlying case as expeditiously as possible within six weeks.

Juby Thomas Vs Sub Inspector of Police — Quashing and FIR | 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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TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945

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CRL.MC NO. 639 OF 2021

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AGAINST THE ORDER/JUDGMENT CC 1238/2014 OF JUDICIAL FIRST CLASS MAGIST. COURT, KOTHAMANGALAM(TEMPORARY)

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PETITIONER:

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JUBY THOMAS
AGED 40 YEARS
S/O THOMAS, VETTUKATTIL (H), CHITTORIKKAL (H),
HOSDURG, KASARGOD, PIN-671315. FORMERLY AT
VETTUKATTIL (H), PERUMBAVOOR, PIN-683542.
BY ADV N.K.MOHANLAL

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RESPONDENTS:

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1 SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM, PIN686666.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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3 BINOJ AGED 45 YEARS S/O KRISHNAN, MAYAKKAL HOUSE, CHEMBANKUZHIKARA, NERIYAMANGALAM PIN-686693.

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OTHER PRESENT:

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NIMA JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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26.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M.C No. 639 of 2021

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P. V. KUNHIKRISHNAN, J.

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---------------------------------------------

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Crl. M.C No. 639 of 2021

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------------------------------------------------- Dated this the 26^th day of September, 2023

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O R D E R

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This Criminal Miscellaneous Case is filed to quash the proceedings in CC No. 1238/2014 on the files of the Judicial First Class Magistrate Court-II, Kothamangalam. This Calendar Case is registered in the year 2014 and the Criminal Miscellaneous Case is filed in the year 2021, no interim order is passed in this case. Now, the trial is already over and the case is posted to record the statement under Section 313 of the CrPC. Hence, this case need not be entertained at this stage.

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There can be a direction to the court below to dispose the matter as expeditiously as possible. Therefore, this Criminal Miscellaneous Case is disposed of directing the Judicial First Class Magistrate Court-II, Kothamangalam to

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Crl. M.C No. 639 of 2021

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dispose of CC No. 1238/2014, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt

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of a certified copy of this judgment.

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bnu

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Sd/P. V. KUNHIKRISHNAN JUDGE

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Crl. M.C No. 639 of 2021

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APPENDIX

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PETITIONER’S ANNEXURES

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ANNEXURE-A1CERTIFIED COPY OF CHARGE SHEET IN C C.
1238/2014 JFCM-II KOTHAMANGALAM.
ANNEXURE-A2A TRUE COPY OF THE SALE AGREEMENT DATED
05/04/2008.

Juby Thomas v. Sub Inspector of Police

Case brief

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Juby Thomas v. Sub Inspector of Police

Case brief

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