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High Court of KeralaSingle JudgeCommon order disposing of the four Crl.M.Cs wit...

Soby George (Kalabhavan) v. State & Public Prosecutor, High Court of Kerala (Criminal Miscellaneous Cases Nos. 10825/2023, 10832/2023, 10838/2023, 10877/2023)

Case / Petition Number:CRL.MC Nos.10825, 10832, 10838 and 10877 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2023-12-21
Court Decision / Holding
Annexure-I order is set aside. The Judicial First Class Magistrate (Mobile), Kottayam is directed to reconsider the interim compensation application, after giving an opportunity of hearing to the petitioner and the 1st respondent and also in light of the principle laid down by this Court in Faizal Abdul Samad’s case. The trial court will dispose the main case as expeditiously as possible.
Final Disposition
Common order disposing of the four Crl.M.Cs with directions to set aside the interim compensation order and to remand for reconsideration by the JMFC-II (Mobile), with expedited disposal of the main cases.

Parties to the Case

Appellants / Petitioners

  • Soby George (Kalabhavan)

Respondents

  • Mr. Peter Lalu
  • State of Kerala
  • Mr. V. T. Jose
  • Mr. Abhijith Anil
  • Mr. Jerry G

Legal Representation & Advocates

Counsels for Petitioners

  • • G. Hariharan
  • • Praveen H.
  • • K. S. Smitha
  • • B. R. Sindhu
  • • V. R. Sanjeev Kumar

Counsels for Respondents

  • • Nirmal V. Nair
  • • M. Aneesh
  • • Arathi Prabhakaran
  • • Encil K. Sabu
  • • Nesili Nazeer

Case Synopsis & Summary

These four Criminal Miscellaneous Cases (Crl.M.C. Nos. 10825/2023, 10832/2023, 10838/2023, 10877/2023) arise from interim compensation orders awarded by the Judicial First Class Magistrate-II (Mobile), Kottayam in ST Nos. 260/2022, 392/2023, 271/2022 and 24/2023. The petitioners, led by Soby George (Kalabhavan), challenge the interim compensation on the ground that it does not conform with the principle laid down by this Court in Faizal Abdul Samad v. A. N. Sasidharan (2023 KHC Online 797). The petitioner emphasizes that interim compensation should be reconsidered in light of Faizal Abdul Samad’s decision and seeks setting aside Annexure-I. The respondents/State, represented by Public Prosecutor, oppose the challenge, and the matter is heard by the learned Judge along with the other connected petitions. In a common order dated 21 December 2023, the Court holds that the interim compensation applications must be reconsidered by the Magistrate. Relying on Faizal Abdul Samad, the Court sets aside Annexure-I and directs the JMFC-II (Mobile), Kottayam to re-examine the applications after providing an opportunity of hearing to the petitioner and the first respondent, and to apply the Faizal Abdul Samad principle. The trial court is directed to dispose of the main cases expeditiously.

Provisions of Law Cited

Section 70(2) CrPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the interim compensation awarded by the Judicial First Class Magistrate-II (Mobile) in ST Nos. 260/2022, 392/2023, 271/2022 and 24/2023 is not in tune with the principles laid down by this Court in Faizal Abdul Samad v. A.N. Sasidharan (2023 KHC Online 797). They seek setting aside Annexure-I and a fresh reconsideration by the Magistrate after hearing both sides, in light of Faizal Abdul Samad, and to dispose of the main case expeditiously.

Contentions of Respondents

The record shows that the respondents were heard and opposed the petition; however the common order does not provide a detailed enumeration of their individual submissions. The Court has proceeded to direct reconsideration of the interim compensation, indicating that the respondents’ stance was to defend the existing order while participating in the hearing.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Faizal Abdul Samad v. A.N. Sasidharan2023 KHC Online 797PositiveCited as the guiding principle for reconsideration of the interim compensation, which the court explicitly relies upon in directing the Magistrate to re-examine the application.

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Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 1 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 21[ST] DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, ``` ``` 1945 ``` ``` CRL.MC NO. 10825 OF 2023 ``` ``` AGAINST THE ORDER IN ST 260/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE), KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SOBY GEORGE(KALABHAVAN), AGED 55 YEARS S/O. KORAH GEORGE FR ABEL NAGAR , KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686693 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1MR. PETER LALU S/O.LALU.T.P., THAKADIYIL HOUSE, POOVANTHURUTHU, PANCHIKKADU, KOTTAYAM DISTRICT, PIN - 686533 2STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI HRITHWIK CS, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH Crl.MC.10832/2023, 10838/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 21[ST] DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, ``` ## **`1945`** ``` CRL.MC NO. 10832 OF 2023 AGAINST THE ORDER IN ST 392/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SOBY GEORGE(KALABHAVAN), AGED 55 YEARS S/O. KORAH GEORGE FR ABEL NAGAR , KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686693 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1MR.V.T.JOSE, S/O.V.V.THOMAS, VELIKKAKATH HOUSE, S.H. MOUNT, KOTTAYAM DISTRICT, PIN - 686016 2STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI HRITHWIK CS, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH Crl.MC.10825/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 21[ST] DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, ``` ## **`1945`** ``` CRL.MC NO. 10838 OF 2023 AGAINST THE ORDER IN ST 271/2022 OF JUDICIAL MAGISTRATE OF ``` ``` FIRST CLASS -II(MOBILE),KOTTAYAM ``` ## **`PETITIONER/ACCUSED:`** ``` SOBY GEORGE(KALABHAVAN), AGED 55 YEARS S/O. KORAH GEORGE FR ABEL NAGAR , KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686693 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1MR. ABHIJITH ANIL, S/O.ANIL.K.K., KUNNUMPURATHU HOUSE, ERICADU, PUTHUPPALLY, KOTTAYAM DISTRICT, PIN - 686011 ``` ``` 2STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI HRITHWIK CS, PP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH Crl.MC.10825/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 21[ST] DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, ``` ## **`1945`** ``` CRL.MC NO. 10877 OF 2023 ``` ``` AGAINST THE ORDER IN ST 24/2023 OF JUDICIAL MAGISTRATE OF ``` ``` FIRST CLASS -II(MOBILE),KOTTAYAM ``` ## **`PETITIONER/1ST ACCUSED:`** ``` SOBY GEORGE(KALABHAVAN), AGED 55 YEARS S/O. KORAH GEORGE FR ABEL NAGAR , KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686693 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1MR.JERRY.G, S/O.GNANADAS, MUKKATTUPUTHENPURAKKAL HOUSE, ASPIRE HOME, ARPOOKKARA, KOTTAYAM DISTRICT, PIN - 686008 2STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADVS. NIRMAL V NAIR M.ANEESH(K/888/2009) ARATHI PRABHAKARAN(K/001158/2022) ENCIL K. SABU(K/771/2023) NESILI NAZEER(K/003120/2023) ``` ## **`OTHER PRESENT:`** ``` SRI NIRMEL V NAIR, RESP ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2023, ALONG WITH Crl.MC.10825/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 5 ## **P. V. KUNHIKRISHNAN, J.** ## **------------------------------------------Crl.M.C.Nos.10825, 10832, 10838 and 10877 of 2023 ------------------------------------------Dated this the 21[st] day of December, 2023** ## **COMMON ORDER** These Criminal Miscellaneous Cases are filed challenging the interim compensation ordered by the Judicial First Class Magistrate-II (Mobile), Kottayam in S.T.Nos.260/2022, 392/2023, 271/2022 and 24/2023. The petitioner submitted that the interim compensation is awarded not in tune with the principle laid down by this Court in **Faizal Abdul Samad v. A. N. Sasidharan [2023 KHC Online 797].** 2. Heard learned counsel for the petitioner and the counsel appearing for the 1[st] respondent. I also heard the party who has appeared in person before this Court. 3. After hearing both sides, and also going through the principle laid down by this Court in **Faizal Abdul Samad’s** case, I am of the considered opinion that the application for interim compensation is to be reconsidered by the Magistrate. Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 6 Therefore, these Crl.M.Cs are disposed of with the following directions: a) Annexure-I order is set aside. b) The Judicial First Class Magistrate (Mobile), Kottayam is directed to reconsider the interim compensation application, after giving an opportunity of hearing to the petitioner and the 1[st] respondent and also in the light of the principle laid down by this Court in **Faizal Abdul Samad’s** case. c) The trial court will dispose the main case as expeditiously as possible. Sd/- **P. V. KUNHIKRISHNAN JUDGE** Sbna/ Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 7 ## **`APPENDIX OF CRL.MC 10832/2023`** ``` PETITIONER ANNEXURES Annexure IA TRUE COPY OF THE PROCEEDING IN S.T.NO.392/2023 DATED 12.09.2023 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II Annexure IIA TRUE COPY OF THE DECISION REPORTED IN THE MATTER OF FAIZAL ABDUL SAMAD VS A.N.SASIDHARAN REPORTED IN 2023 KHC ONLINE 797 BY THIS HON'BLE COURT ON 17.11.2023 ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 8 ## **`APPENDIX OF CRL.MC 10838/2023`** ``` PETITIONER ANNEXURES Annexure IA TRUE COPY OF THE PROCEEDING IN ST NO:271/2022 DATED 12.09.2023 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II Annexure IIA TRUE COPY OF THE DECISION REPORTED IN THE MATTER OF FAIZAL ABDUL SAMAD VS A.N.SASIDHARAN REPORTED IN 2023 KHC ONLINE 797 BY THIS HON'BLE COURT ON 17.11.2023 ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 9 ## **`APPENDIX OF CRL.MC 10825/2023`** ``` PETITIONER ANNEXURES Annexure IA TRUE COPY OF THE PROCEEDING IN S.T.NO.260/2022 DATED 12.09.2023 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II Annexure IIA TRUE COPY OF THE DECISION REPORTED IN THE MATTER OF FAIZAL ABDUL SAMAD VS A.N.SASIDHARAN REPORTED IN 2023 KHC ONLINE 797 BY THIS HON'BLE COURT ON 17.11.2023 ``` Crl.MC.Nos.10825, 10832, 10838 and 10877 of 2023 ## 10 ## **`APPENDIX OF CRL.MC 10877/2023`** ``` PETITIONER ANNEXURES Annexure IA TRUE COPY OF THE PROCEEDING DATED 12.09.2023 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II Annexure IIA TRUE COPY OF THE DECISION REPORTED IN THE MATTER OF FAIZAL ABDUL SAMAD VS A.N.SASIDHARAN REPORTED IN 2023 KHC ONLINE 797 BY THIS HON'BLE COURT ON 17.11.2023 Annexure IIIA TRUE COPY OF THE APPLICATION FILED U/S 70(2) OF CRPC MADE BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOTTAYAM AS CMP NO 2791/2023 IN S.T.NO 24/2023 ON 30.09.2023 Annexure IVA TRUE COPY OF THE ORDER DATED 30.09.2023 MADE IN CMP NO 2791/2023 IN S.T.NO.24/2023 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOTTAYAM ```