Petitioners sought quashing of proceedings in C.C.No.886/2015 before JFCM-II, Aluva. Since trial had progressed with prosecution witnesses up to PW12 examined and the interim order was not extended since 2016, the court declined to interfere and disposed of the petition granting liberty to raise all contentions before the trial court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
CRL.MC NO. 642 OF 2016
CRIME NO.334/2014 OF ELAMAKKARA POLICE STATION, Ernakulam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.886 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA PETITIONERS/ACCUSED 2 AND 3:
1 CHINNA S.KARIPPAI AGED 64 YEARS W/O.K.P.SUJATHAN, RESIDING AT 50/213-A (NEW NO.37/760, MANIMALA ROAD, P.O.EDAPPALLY, KOCHI-682 024.
2 HEERA K.S. W/O.SUNISH V.H., RESIDING AT 50/213-A (NEW NO.37/760, MANIMALA ROAD, P.O.EDAPPALLY, KOCHI-682 024.
BY ADVS. SRI.C.U.SANGEETH SMT.AMRITA JAYARAM SRI.VISHNU BHUVANENDRAN
RESPONDENTS:
BY ADV.
SRI.SANGEETHARAJ, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.642 of 2016
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P.V.KUNHIKRISHNAN, J.
Crl.M.C. No.642 of 2016
---------------------------------------------Dated this the 15th day of July, 2024
O R D E R
This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.886/2015 on the file of the Judicial First Class Magistrate Court-II, Aluva.
Granting liberty to the petitioners to agitate all
Crl.M.C. No.642 of 2016
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their contentions before the trial court , this Criminal
Miscellaneous case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
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APPENDIX OF CRL.MC 642/2016
PETITIONER ANNEXURES
ANNEXURE-A1. TRUE COPY OF THE STATEMENT DATED 13/12/2013 FILED BY THE 1ST RESPONDENT
ANNEXURE-A2. TRUE COPY OF THE INTERIM ORDER IN WPC NO.29968/2013 DATED 17/12/2013.
ANNEXURE-A3. TRUE COPY OF THE ORDER DATED 27/12/2013 OF THE STATE HUMAN RIGHTS COMMISSION
ANNEXURE-A4. TRUE COPY OF THE ORDER DATED 16/12/2014 IN OS NO.1431/2013.
ANNEXURE-A5. TRUE COPY OF THE FIR DATED 3/6/2014 SUBMITTED BEFORE THE HONOURABLE CJMC-II, ALUVA.
ANNEXURE-A6. TRUE COPY OF THE FINAL REPORT DATED 27/5/2015 SUBMITTED BEFORE THE JFCMC-II, ALUVA.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Should the High Court quash proceedings in C.C.No.886/2015 where trial evidence has already commenced and interim protection lapsed?
Chinna S.Karippai
Heera K.S.
State of Kerala
Solly Alex
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
