Reji John v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 Crl.MC.No. 5597 of 2015 () --------------------------- CC 1952/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHENGANNUR ---------------- PETITIONER/ACCUSED :
---------------------------------- REJI JOHN,S/O JOHN, CHAKKALAVADAKKETHIL HOSUE, ENNAKKADU VILLAGE, CHENGANNUR.
BY ADV. SRI.B.PRAMOD RESPONDENTS/STATE AND COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALAM-682031.
2. LALI T. JOHN, W/O. REJI JOHN, CHAKKALAVADAKKETHIL HOUSE, ENNAKKADU VILLAGE, CHENGANNUR.
R1 BY PUBLIC PROSECUTOR SMT. V.H. JASMINE R2 BY ADV. SRI.S.K.SAJI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 5597 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I: CERTIFIED COPY OF THE CHARGE - SHEET IN CRIME NO.536/2015 OF MANNAR POLICE STATION.
ANNEXURE II: TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS :
NIL.
//TRUE COPY// P.A. TO JUDGE bp
P.UBAID, J.
========================= Crl.M.C.No.5597 of 2015 ========================= Dated this the 19th day of August, 2015
ORDER
A prosecution involving the offences under Sections 341 and 323 IPC is sought to be quashed. Both the offences are compoundable under the law. It is not known why the petitioner has approached this Court under Section 482 Cr.P.C., when proper remedy is provided under Section 320 Cr.P.C. Without prejudice to the right of the petitioner to approach the trial court, with composition under Section 320 Cr.P.C., this Crl.M.C. is closed. If the petitioner's apprehension is that he will have to surrender, the position is covered by a decision of this Court that when a composition is reported in a compoundable case the physical presence of the accused need not be insisted, if the Court is otherwise satisfied of the genuineness of the composition.
Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE