Disposed

Mr.Venukuttan v. State of Kerala

Kerala HC10 Jun 2024Crl.MC/643/2016

Case brief

AI extract

What is this about?

Petition filed under Section 482 CrPC to quash an FIR and magistrate's orders. Investigation had concluded, final report filed and cognizance taken, so the petitioner sought only expeditious trial. The High Court disposed of the petition directing the trial court to expedite trial within six months.

What did the court decide?

Direction to expedite trial of C.C.No.1882/2016 within six months; liberty to try connected C.C.No.1842/2016 simultaneously.

Mr.Venukuttan Vs State of Kerala — Quashing and FIR | 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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MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

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CRL.MC NO. 643 OF 2016

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CRIME NO.1078/2015 OF Nemom Police Station, Thiruvananthapuram

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AGAINST THE ORDER DATED 26.06.2015 IN CMP NO.228 OF 2015 OF

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JUDICIAL MAGISTRATE OF FIRST CLASS COURT – VII, NEYYATTINKARA

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PETITIONER/2ND ACCUSED:

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MR.VENUKUTTAN
AGED 48 YEARS
S/O.THANKAYYAN NADAR, PROCESS SERVER, EMPLOYEE
NO.163951, DISTRICT AND SESSIONS COURT,
THIRUVANANTHAPURAM, HAVING RESIDENCE ADDRESS AT "AB
BHAVAN", KOOVOTTUKONAM, POOZHANADU.P.O., KATTAKADA
TALUK, THIRUVANANTHAPURAM.

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BY ADVS.

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KISHORE D

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MEERA GOPINATH(K/001803/1999.)
R.MURALEEKRISHNAN (MALAKKARA)(K/000583/2008)

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.682 031.

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2 BINDHU W/O.RAGHU, PLAVILA VEEDU, TC 52, 2333, NEMOM.P.O., THIRUVANANTHAPURAM CITY, KERALA-695 020.

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BY ADVS.

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SRI.K.K.DHEERENDRAKRISHNAN
SRI.S.RAJEEV
SRI.V.VINAY

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BY M.P.PRASANTH - PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.643 of 2016

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ORDER

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Dated this the 10 th day of June, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Annexure A1 FIR as well as Annexures A6 and A7 Orders dated 22.06.2015 and 26.06.2015, respectively, of the Temporary Court of the Magistrate of First Class Magistrate Court-I, Neyyattinkara.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.

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At the time of hearing, learned counsel for the petitioner submitted that though challenge against FIR in crime No.1078 of 2015 of Nemom Police Station is the subject matter of this Crl.M.C., now investigation has been completed, final report filed and the learned Magistrate took cognizance for the offences alleged by the prosecution. Further, now the matter has been pending

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Crl.M.C. No.643 of 2016

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as C.C.No.1882 of 2016 on the files of the Temporary

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Court of the Magistrate of First Class Magistrate Court-I, Neyyattinkara. Therefore, the petitioner is satisfied with a direction to expedite the trial of the case in the interest of justice.

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Learned Public Persecutor did not oppose such a

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prayer.

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The learned counsel for the defacto complainant

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would submit that on another case, C.C.No.1842 of 2016 also has been pending and the occurrence of both crimes were on the same day. Therefore, these case and counter would require disposal together.

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In view of the submissions made by the learned counsel for the petitioner, adjudication of this Crl.M.C. on merits is not warranted. Therefore, as requested by the learned counsel for the petitioner, there shall be a direction to the Temporary Court of the Magistrate of First Class Magistrate Court-I, Neyyattinkara, to expedite the trial of C.C.No.1882 of 2016 within a period of 6 months from the date of receipt of a copy of this order.

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Crl.M.C. No.643 of 2016

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Needless to say that the Magistrate is at liberty

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to consider the connected case in C.C.No.1842 of 2016 which arouse out of the same occurrence and to dispose of the same simultaneously to find out the truth of the allegations in both crimes, in accordance with law.

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Accordingly, this Criminal Miscellaneous Case stands disposed of as above.

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Sd/-

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A. BADHARUDEEN JUDGE

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SSK/10/06

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Crl.M.C. No.643 of 2016

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APPENDIX OF CRL.MC 643/2016

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PETITIONER ANNEXURES

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ANNEXURE A1- THE CERTIFIED COPY OF THE FIR BY
NO.1078/15 DATED 25.6.2015 OF NEMOM POLICE
STATION.

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ANNEXURE A2- COPY OF THE COMPLAINT LODGED BY
THE PETITIONER TO THE DISTRICT COURT,
THIRUVANANTHAPURAM ON 12.8.2014.

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ANNEXURE A3- CERTIFIED COPY OF THE FIR BY
NO.1106/2014 DATED 13.8.2014 OF NEMOM POLICE
STATION, THIRUVANANTHAPURAM.

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ANNEXURE A4- COPY OF THE APPLICATION DATED
22.1.2016 TO THE PUBLIC INFORMATION OFFICER.

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ANNEXURE A5- COPY OF THE COMMUNICATION DATED
27.10.2014 ISSUED BY THE DISTRICT JUDGE,
TRIVANDRUM TO THE REGISTRAR (SUBORDINATE
JUDICIARY) HON'BLE HIGH COURT OF KERALA,
ERNAKULAM.

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ANNEXURE A6- CERTIFIED COPY OF THE COMPLAINT
CMP NO.228/2015 DATED 22.6.2015 FILED BEFORE
THE TEMPORARY COURT OF JUDICIAL MAGISTRATE OF
FIRST CLASS, NEYYATTINKARA.

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ANNEXURE A7- THE ORDER DATED 26.6.2015 PASSED
BY THE JUDICIAL MAGISTRATE OF FIRST CLASS
TEMPORARY COURT OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS AT NEYYATTINKARA CMP NO.228/2015.

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RESPONDENTS’ ANNEXURES : NIL

Mr.Venukuttan v. State of Kerala

Case brief

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Mr.Venukuttan v. State of Kerala

Case brief

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