THE MUNICIPAL CHAIRMAN, ERATUPETTA MUNICIPALITY v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-24. THE MUNICIPAL CHAIRMAN, ERATUPETTA MUNICIPALITY v. THE STATE OF KERALA. Read the judgment and case details...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P. V. KUNHIKRISHNAN TH WEDNESDAY, THE 24 DAY OF JULY 2024 / 2ND SRAVANA, 1946 CRL. MC NO. 6938 OF 2016 CRIME NO. 1429/2016 OF Erattupettah Police Station, Kottayam AGAINST THE ORDER/JUDGMENT DATED IN CC NO. 1429 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ERATTUPETTA PETITIONER/S: THE MUNICIPAL CHAIRMAN, ERATUPETTA MUNICIPALITY ERATTUPETTA P O, KOTTAYAM DISTRICT, PIN-686653. BY ADVS. GEORGEKUTTY MATHEW BINISH MATHEW SHRI. V. K. MOHAMMED YOUSEF, SC, ERATTUPETTA MUNICIPALITY SHRI. SUNIL V. MOHAMMED, SC, ERATTUPETTA MUNICIPALITY RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN-682031. 2 SIRAJU V M VETTCKAL HOUSE, NADAKKAL, ERATTUPETTA P O, KOTTAYAM DISTRICT, PIN-686653. BY ADVS. SRI. K. K. DHEERENDRAKRISHNAN SRI. D. FEROZE SRI. V. K. PEERMOHAMED KHAN SRI. S. RAJEEV SRI. V. VINAY OTHER PRESENT: SMT. NIMA JACOB, PP THIS CRIMINAL MISC.
CASE HAVING COME UP FOR ADMISSION ON 24. 07. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. V. KUNHIKRISHNAN, J –------------------------------------- Crl. M. C. No. 6938 of 2016 --------------------------------------th Dated this the 24 day of July, 2024 O R D E R This Criminal Miscellaneous case is filed to quash an FIR in Crime No. 1429/2016 of Erattupetta Police Station. Several contentions are raised in this Crl. M. C. to quash the FIR . The offence alleged in the FIR is under Sec. 3(2) of the Prevention of Damage to Public Property Act, 1984. This Court stayed the further proceedings based on the FIR and the interim order is still in force. I am of the considered opinion that the interim order need not be retained. Let the investigation be complete. If any final report is filed, the petitioner is free to challenge the same separately. If the presence of the petitioner is necessary for the purpose of investigation, 10 days prior notice will be given to the petitioner.
2. All the contentions raised by the petitioner are left open and the petitioner is free to agitate the same separately, if any final report is filed and the petitioner is aggrieved by the same. With the above observation, this Crl. M. C. is disposed of. Sd/- P. V. KUNHIKRISHNAN JUDGE SKS APPENDIX OF CRL. MC 6938/2016 PETITIONER ANNEXURES ANNEXURE A THE ATTESTED COPY OF THE FIR IN CRIME NO 1429/2016 OF THE ERATTUPETTA POLICE STATION ANNEXURE B THE TRUE COPY OF THE DEPOSITION GIVEN BY THE 2ND RESPONDENT TO THE SUB INSPECTOR OF POLICE, ERATTUPETTA ON 4/10/2016 ANNEXURE C THE COPY OF THE RESOLUTION DTD 28/9/2016 PASSED BY THE ERATTUPETTA MUNICIPAL COUNCIL. ANNEXURE D TRUE COPY OF THE LETTER DTD 7/10/2016 OF THE ASSISTANT SECRETARY, ERATTUPETTA MUNICIPALITY TO THE SUB INSPECTOR OF POLICE, ERATTUPETTA
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