Preethy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 Crl.MC.No. 1672 of 2015 () --------------------------- CC 2875/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA -------------------- PETITIONER/ACCUSED NO.1 :

---------------------------------------- PREETHY, AGED 42 YEARS, W/O. ARUMUGHAN, THARAYIL HOUSE, MATHILAKAM DESOM, PAPPINIVATTOM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADVS.SRI.C.D.DILEEP SMT.SHYLAJA VARGHESE RESPONDENTS/STATE & COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. S.I. OF POLICE, IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT.

3. CHANDRAMOHAN, AGED 53 YEARS,S/O. NARAYANAN, CHENELLIPARAMBIL HOUSE, KARALAM DESOM, KARALAM VILLAGE, THRISSUR.

R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) R3 BY ADV. SRI.N.L.BITTO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1672 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A :

A COPY OF THE PRIVATE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE JFCM COURT, IRINJALAKUDA. DT 24/3/2011 ANNEXURE-B :

A COPY OF THE FIR OF THE CRIME NO.538/2011 OF THE IRINJALAKUDA POLICE STATION DT. 01/4/2011 ANNEXURE-C :

A COPY OF THE FINAL REPORT IN CRIME NO.538/2011 OF THE IRINJALAKUDA POLICE STATION.

ANNEXURE-D :

A COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IG OF POLICE, THRISSUR, DTD.5.3.2011 AGAINST THE 3RD RESPONDENT.

ANNEXURE-E :

A COPY OF THE COMPLAINT FILED BY ONE BEENA SIVAN, AGENT OF THE 3RD RESPONDENT BEFORE THE IG OF POLICE, THRISSUR TO COUNTER THE ENX-D COMPLAINT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.1672 of 2015 ````````````````````````````````````````````````````````````` Dated this the 2nd day of September, 2015

O R D E R

~ ~ ~ ~ ~ ~ A private complaint was referred to the police under Section 156(3) Cr.P.C., on the basis of which the crime in question was registered. The matter was investigated and the final report has been filed alleging offences punishable under Sections 415, 416, 417, 419, 420, 464, 465 and 468 read with Section 34 IPC. The petitioner is the 1st accused. The matter is presently pending as CC.2875/2011 before the Judicial First Class Magistrate's Court, Irinjalakuda.

2.

On hearing either side and the learned Public Prosecutor, I do not find any ground to interfere with the matter at present. It is too premature to hold that the offences alleged cannot be attracted to the petitioner. Let the matter go for trial. In the result, this Crl.M.C. is dismissed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/02/09