Abhilash K.S v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Crl.MC.No. 5686 of 2015 --------------------------- CC 64/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- IX, ERNAKULAM. CRIME NO. 29/2015 OF CHERANELLOOR POLICE STATION, ERNAKULAM. ...........

PETITIONER(S)/ACCUSED 1 AND 2:

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1. ABHILASH K.S, AGED 36 YEARS, S/O.SHAMBHU KUMAR, KADIPARAMBATH HOUSE, AIMS P.O., EDAPPALLY, KOCHI-41.

2. SHAMBHU KUMAR, AGED 69 YEARS, S/O.UNNI, KADIPARAMBATH HOUSE, AIMS P.O., EDAPPALLY, KOCHI-41.

BY ADVS.SRI.K.R.VINOD MS.JENCY SUSAN JOSE SRI.V.SRI NATH RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SUJITH, AGED 38 YEARS, S/O.BALAN, KADIPARAMBATH HOUSE, AIMS P.O., EDAPPALLY, KOCHI-682041.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.C.S.MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5686 of 2015 ----------------------------------- APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE A1 :

THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.64/2015

IN THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE

COURT IX, ERNAKLAM.

ANNEXURE A2 :

THE CERTIFIED COPY OF THE FIR NO.29/2015 OF CHERANELLOOR POLICE STATION.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

====================== Crl.M.C. No.5686 of 2015 ======================= Dated this the 11th day of December, 2015

O R D E R

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

2. The learned Public Prosecutor has reported that the case relating to Annexure-A2 First Information Report in Crime No.29 of 2015 of the Cheranalloor Police Station has been referred.

3. Presently, the request herein is to conduct the trial of C.C.No.64 of 2015 along with the Final Report in respect of Annexure-A2. When the matter relating to Annexure-A2 has been referred, the present prayer cannot be allowed. The

Crl.M.C. No.5686 of 2015 learned counsel for the petitioners has pointed out that a protest complaint has been filed. Again, the petitioners can approach this Court for appropriate relief in accordance with law, at appropriate stage.

With the said liberty, this Crl.M.C. is disposed of. Sd/- B.KEMAL PASHA JUDGE DSV/11/12/15 // True Copy // P.A. To Judge