Back
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PRASANNAKUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent
Crl.MC 10660/2023
Criminal Law - Petition to Discharge - IPC Section 420 - Court allows petitioners to file for discharge and provides procedural directives.
Fact of the Case:
Petitioners are accused in a case alleging fraud under IPC Section 420, claiming that no offence has been established even if allegations are accepted.
Finding of the Court:
The court concluded that the criminal miscellaneous case need not be retained and allowed the petitioners to file a discharge petition in the trial court.
Issues: Whether the allegations against the petitioners constitute an offence under IPC Section 420 and the procedural aspects concerning their discharge.
Ratio Decidendi: The court emphasized the procedural right of the petitioners to file for discharge and set a timeline for the trial court's decision on the same.
Final Decision: Criminal Miscellaneous Case disposed; petitioners can file discharge petition in trial court.
ORDER
Petitioners are the accused in CC No.40 of 2020 on the file of the Chief Judicial Magistrate Court, Kollam, arising from Crime No.1507 of 2019 of Kollam East Police Station, Kollam. The above case is charge sheeted alleging offence punishable under Section 420 IPC . According to the petitioner, even if the entire allegations are accepted, no offence is made out.
2. After hearing the counsel for the petitioners, I am of the considered opinion that this Crl.M.C need not be retained here because, the Calendar Case is registered in the year 2020 and the Crime was registered in the year 2019. All the contentions raised in this Crl.M.C can be raised by the petitioners before the trial court by filing a discharge petition, if charge is not framed and if such a discharge petition is filed, there can be a direction to consider the same within a time frame. The presence of the petitioners can be dispensed with till final orders are passed in the discharge petition.
Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:
1. The petitioners are free to file a discharge petition before the trial court, within three weeks from the date of receipt of a stamped certified copy of this order, if charge is not framed.
2. Once such a discharge petition is received, the trial court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the Prosecutor concerned, within a period of six weeks from the date of receipt of the discharge petition.
3. If a discharge petition is filed as directed above, the presence of the petitioners shall not be insisted by the trial court, till final orders are passed in the discharge petition.
4. All the contentions raised by the petitioners in this criminal miscellaneous case are left open.
sd/-
P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF CRL.MC 10660/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED
24.08.2019 IN CRIME NO. 1507/19 KOLLAM EAST POLICE STATION Annexure A2 THE TRUE COPY OF THE FINAL REPORT/CHARGE DATED 07.03.2020 IN C. C
40/2020 OF THE CJM COURT, KOLLAM Annexure A3 THE TRUE COPY OF THE LEASE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE
3RD RESPONDENT DATED 20.2.2017 Annexure A4 THE TRUE COPY OF THE FIR DATED
02.04.2019 IN CRIME NO. 342/19 ERAVIPURAM POLICE STATION
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
