Disposed

Rajesh Vijayan v. the State of Kerala

Kerala HC6 Jun 2024Crl.MC/4170/2023

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. challenging a Magistrate's order receiving additional prosecution documents (certified copies of Family Court proceedings between the same parties) beyond those in the final report. The court confirmed the order, holding there is no bar if copies are served, subject to admissibility and marking being decided at trial.

What did the court decide?

Annexure A3 order confirmed with direction that tendering and marking of documents in evidence shall follow procedure established by law; petition disposed of.

Rajesh Vijayan Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

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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 A. BADHARUDEEN

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THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

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CRL.MC NO. 4170 OF 2023

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CRIME NO.51/2012 OF GURUVAYOOR POLICE STATION, TRISSUR

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AGAINST THE ORDER DATED 05.04.2023 IN CRL.MP NO.1117/2023 IN CC
NO.730 OF 2012 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,CHAVAKKAD

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PETITIONER/RESPONDENT NO.1:

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RAJESH VIJAYAN AGED 53 YEARS S/O. VIJAYAN,

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INDIRA GANDHI ROAD, KOZHIKODE, PIN - 673016
BY ADVS. JAGAN ABRAHAM M.GEORGE JAISON ANTONY

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RESPONDENTS/STATE AND PETITIONER AND RESPONDENTS 2 AND 4:

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1 THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.,

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PIN - 682031

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2 ROY VIJAYAN AGED 55 YEARS S/O. VIJAYAN, PRASANNA, INDIRA GANDHI ROAD, KOZHIKODE., PIN - 673016

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3 RANI VENUGOPAL AGED 62 YEARS W/O. VENUGOPAL, THANDASSERY HOUSE,CHEMBUKKAVU, THRISSUR-,

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PIN - 680005

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SR PP RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.R.P.No.4170 of 2023

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A. BADHARUDEEN, J.

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Crl.M.C. No. 4170 of 2023

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Dated this the 6^th day of June, 2024

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O R D E R

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This is a petition filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) and the prayers are as under:-

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To quash the Annexure A3 order dated 05.04.2023 in Criminal Miscellaneous Petition No.1117/2023 in CC No.730/2012 on the file of the Honourable Judicial First Class Magistrate Court, Chavakkad and to remove the case from the special list.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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The learned counsel for the petitioner has placed the order in Criminal Miscellaneous Case No.1611/2021 against the order/judgment in CC No.1806/2015 of the Judicial First Class Magistrate, Kalamassery. The petitioner is aggrieved by Annexure A3 order, whereby the learned Magistrate received documents filed by the prosecution in addition to the documents form part of the final report.

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The 1^st accused/petitioner opposed the same contending

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Crl.R.P.No.4170 of 2023

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that such documents could not be received in advance. On perusal of the documents received by the Court, it could be seen that the same are certified copies of proceedings before the Family Court, in between the same parties.

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There is no bar for the prosecution to place additional documents apart from the documents referred in the final report, if the said documents are also necessary to prove the prosecution case0, after serving copies of the same to the other side. However, admissibility and tendering of the documents in evidence shall be as per the prosecution case. As far as the order impugned is concerned, the learned Magistrate only accepted the documents and the tendering of documents in evidence is yet to come in, since the trial not yet started. Therefore, while confirming Annexure A3 order, it is specifically ordered that tendering and marking of the documents in evidence shall be as per the procedure established by law.

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Accordingly, the above petition is disposed of.

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 Sd/-

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A. BADHARUDEEN JUDGE

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RPR/-

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Crl.R.P.No.4170 of 2023

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APPENDIX OF CRL.MC 4170/2023

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PETITIONER ANNEXURES

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`Annexure-1`	`TRUE COPY OF THE PETITION NUMBERED AS`
	`CRL.M.P.NO.1117/2023 DATED 09-03-2023`
`Annexure-A2`	`TRUE COPY OF THE OBJECTION OF THE PETITIONER DATED`
	`15-03-2023 IN THE ABOVE CRL.M.P.NO.1117/2023`
`Annexure-A3`	`CERTIFIED COPY OF THE ORDER DATED 05-04-2023 IN`
	`CRL.MP.NO.1117/2023 IN C.C.NO.730/2012`

Rajesh Vijayan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh Vijayan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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