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2024 Supreme(Online)(KER) 37125

HIGH COURT OF KERALA
RAFEEK.S – Appellant
Versus
STATE OF KERLA – Respondent


ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.65/2016 on the file of Temporary Judicial First Class Magistrate Court, Kadakkal, Kollam.

2. It is a private complaint filed against the petitioner as evident by Annexure-A4 and based on the same, the learned Magistrate took cognizance of the offence under Section 324 IPC. The learned Magistrate took cognizance merely based on a sanction order passed by the Government as per G.O.No.193/2015/Home dated 28.01.2015. Now, as per the judgment dated 10.09.2024, in W.P(C).No.13886/2017, this Court already quashed the above Government Order and directed the Government to reconsider the matter, after hearing the parties within 5 months.

3. Therefore, I am of the considered opinion that, this Criminal Miscellaneous Case need not be retained. The trial court can be directed to adjourn the case for a period of 5 months and based on the decision of the Government in the sanction petition, the learned Magistrate can pass appropriate order.

Therefore, this Criminal Miscellaneous Case is disposed of directing the Temporary Judicial First Class Magistrate Court, Kadakkal, Kollam to adjourn the proceedings in C.C.No.65/20

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