Shajan Antony v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Crl.MC.No. 7021 of 2015 -------------------------------------- S.T.NO.1644/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THRISSUR ------------------------ PETITIONER(S)/ACCUSED :

------------------------------------------ SHAJAN ANTONY, S/O.ANTONY, BAVELI HOUSE, MISSION QUARTERS, THRISSUR.

BY SRI.BECHU KURIAN THOMAS (SENIOR ADVOCATE ) ADV. SRI.S.SREEDEV RESPONDENT(S)/STATE & DE FACTO COMPLAINANT :

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

2. SIVARAMAN, S/O.VELAYUDHAN, PUTHUKKATTIL, CHOORAKKATT P.O., PUZHAKKAL, THRISSUR DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 7021 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE 1:

CERTIFIED COPY OF THE COMPLAINT DATED 07.09.2007 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE III, THRISSUR.

ANNEXURE 2:

TRUE COPY OF THE ORDER DATED 07.09.2007 IN C.M.P.NO.4238/07 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THRISSUR.

ANNEXURE 3:

CERTIFIED COPY OF THE FINAL REPORT IN S.T.NO. 1644/2009 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THRISSUR.

ANNEXURE 4:

CERTIFIED COPY OF THE FIR IN CRIME NO.577/2007 OF THE THRISSUR EAST POLICE STATION.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7021 of 2015 C ````````````````````````````````````````````````````````````` Dated this the 9th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Heard learned Senior Counsel for the petitioner and learned Public Prosecutor.

2.

It seems that the present stage is too premature to consider the request of the petitioner to get the proceedings quashed. Even though the learned Senior Counsel has invited the attention of this Court to the final report and argued that there are no materials to invite any of the offences, this Court is of the view that the matter has to go for evidence, as the present stage is too premature to consider the said request of the petitioner.

Without prejudice to the right of the petitioner to take up all these contentions before the court below during trial, this Crl.M.C. is closed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/09/12 // True Copy // PA to Judge