Sminuraj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 3417 of 2015 ---------------------------------- MC 34/2015 of SUB DIVISIONAL MAGISTRATE, KOLLAM ------------------ PETITIONER(S)/COUNTER PETRITIONER:

----------------------------------------------------------- SMINURAJ, AGED 29 YEARS, S/O RAJAN , MUTTATHUPUTHEN HOUSE, ARINALLOOR P.O, THEVALAKKARA , KOLLAM DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA SRI.M.S.DILEEP SMT.RESMI THOMAS SMT.T.V.ANITHA RESPONDENT(S)/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 3417 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE 1 TRUE COPY OF THE ORDER DATED 10/4/2015 IN MC NO. 34/2015 PENDING BEFORE THE SUB DIVISIONAL MAGISTRATE COURT, KOLLAM RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3417 of 2015 ================== Dated this the 9th day of June, 2015

O R D E R

The matter in issue raised in this Criminal Miscellaneous Case is covered against the respondent-State by the legal principles laid down by this Court in Santhosh v. State of Kerala reported in 2014

(3) KLT 837 as well as the judgment dated 19.12.2014 of this Court rendered in the case Sajeesh.K v. State of Kerala in Crl.M.C.No. 7259/2014 and connected cases reported in 2014 SCC Online Ker. 27899 dealing with similar impugned proceedings under Sec. 107 of the Cr.P.C. The impugned order in this case is similar or almost identical to the one considered in the above said reported rulings of this Court.

2.

Accordingly, in tune with the directions issued by this Court in the said reported decisions, the impugned order in this case is quashed with liberty to the Sub Divisional Magistrate concerned to take fresh action, if actually necessary, after complying with all the statutory procedural requirements and after applying the

Crl.M.C.3417/15 - : 2 :- legal principles laid down in the aforementioned reported rulings of this Court and in accordance with law.

With these observations and directions, the Crl.M.C stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge