John Thomas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Crl.MC.No. 6703 of 2014 () --------------------------- CC 1743/2012 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-III, PALAKKAD CRIME NO. 275/2012 OF MALAMPUZHA POLICE STATION, PALAKKAD PETITIONER/ACCUSED:
-------------------- JOHN THOMAS, AGED 53 YEARS, S/O THOMAS, PARAYIL HOUSE, VIDYA NAGAR, KALLEKULANGARA POST, PALAKKAD DISTRICT, PIN:678009. BY ADVS.SRI.K.J.MOHAMMED ANZAR SRI.T.B.GAFOOR SRI.A.D.SURESH BABU RESPONDENTS/STATE AND COMPLAINANT:
----------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION, MALAMPUZHA, PALAKKAD DISTRICT, PIN:678 651.
BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/28/11/15
Crl.MC.No. 6703 of 2014 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE A1: COPY OF THE FIR IN CRIME NO.275/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A2: COPY OF THE FINAL REPORT IN CRIME NO.275/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A3: COPY OF THE FIR IN CRIME NO.273/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A4: COPY OF THE FIR IN CRIME NO.274/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A5: COPY OF SCENE MAHAZAR IN CRIME NO.273/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A6: COPY OF THE STATEMENT OF NANDAKUMAR, IN CRIME NO.275/2012 OF MALAMPUZHA POLICE STATION.
ANNEXURE A7: COPY OF THE EXTRACT OF GENERAL DAIRY FOR THE DAY 7.5.2012 OF MALAMPUZHA POLCE STATION.
ANNEXURE A8: COPY OF THE DEPARTMENTAL ENQUIRY REPORT DATED 31.09.2013 IN KERALA POLICE P.R. OF 199 RESPONDENTS' ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/28/11/15
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.6703 of 2014 F ````````````````````````````````````````````````````````````` Dated this the 26th day of November, 2015
O R D E R
~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner.
2.
It seems that the arguments forwarded by the learned counsel for the petitioner are not sufficient at present to quash the criminal proceedings against the petitioner. Of course, the petitioner has got a case that there is reason for animosity on the part of the investigating officer towards the petitioner and consequently, the petitioner has been falsely implicated in a case like this. It has also been pointed out that in the departmental action, the petitioner has been exonerated by finding that there is no evidence against the petitioner in the matter. The trial
Crl.M.C.6703/2014 : 2 :
court can consider these matters during the trial of the case. Those matters cannot be taken by this Court as grounds to quash the criminal proceedings.
3.
The court below shall advance the case to a nearest date, issue summons to the witnesses, and continue with the trial. The court below shall dispose of the case expeditiously.
With the aforesaid directions, this Crl.M.C. is closed. Sd/- (B.KEMAL PASHA, JUDGE) aks/26/11 // True Copy // PA to Judge