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2025 DAILYLAW 4823 (KER)

SUO MOTU v. STATE,

Crl.RC/4/2016 · 2025-03-26

Kauser Edappagath

body2025

Judgment text

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Crl.R.C.No. 4 of 2016 ..1.. 2025:KER:25819 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.RC NO. 4 OF 2016 AGAINST THE JUDGMENT DATED 14.01.2016 IN CC NO.625 OF 2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, THAMARASSERY THE COURT ON ITS OWN MOTION: SUO MOTU PROCEEDINGS INITIATED ON THE REPORT OF THE CHIEF JUDICIAL MAGISTRATE, KOZHIKODE, RELATING TO JUDICIAL DISHONESTY SHOWN BY SHRI.SHIBU DANIEL, JUDICIAL FIRST CLASS MAGISTRATE-II, THAMARASSERY, IN THE MATTER OF DISPOSAL OF CC.625/12 AGAINST RESPONDENTS: 1 STATE, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKOM (CR.198/12) THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2 BINDU BALAN, W/O.SALIM, ANIL NIVAS, KOKKUZHI, MANIYANKODE.P.O. 3 ASHA DALEENA, D/O.SALIM, ANIL NIVAS, KOKKUZHI, MANIYANKODE.P.O. Crl.R.C.No. 4 of 2016 ..2.. 2025:KER:25819 4 DILSHAD, S/O.SALIM, AGE 25/12, ANIL NIVAS, KOKKUZHI, MANIYANKODE.P.O. 5 DEEPAK, AGED 32/12, S/O.KUNHAN, THANNAL NIVAS, MANIYANKODE, KALPATTA. 6 ANIL KUMAR, S/O.GOPINATHAN, ANIL NIVAS, MANIYANKODE.P.O., KALPATTA. 7 SUDHEER, AGED 36/12, S/O.VELAYUDHAN, AISWARYA NIVAS, VAITHIRI TOWN, WAYANAD. 8 ASHA SULEKHA, AGED 28/12, W/O.DEEPAK, THANNAL NIVAS, MANIYANKODE.P.O., KALPATTA. BY ADVS. SRI.P.V.ANOOP SRI.BABY JOHN AMBALLOOR SRI.SYAM J SAM SRI.M.P.PRASANTH, PP THIS CRIMINAL REVISION CASE HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.R.C.No. 4 of 2016 ..3.. 2025:KER:25819 O R D E R This suo motu criminal revision case has been initiated on the basis of the report of the Chief Judicial Magistrate, Kozhikode dated 19.04.2016. 2. Heard. 3. The Chief Judicial Magistrate, Kozhikode had reported to the High Court that he had received a reliable information that judicial dishonesty had been shown by Sri.Shibu Daniel, Judicial First Class Magistrate-II, Thamarassery in the matter of disposal of C.C.No.625 of 2012, which relates to the allegations of forgery and cheating of Rs.45,00,000/- by accused No.1 posing herself as a member of the Travancore royal family. According to the Chief Judicial Magistrate, the information to him was that there had been a deal between the learned Magistrate and the counsel who appeared for accused No.1 and based on which the Crl.R.C.No. 4 of 2016 ..4.. 2025:KER:25819 accused No.1 was set free after setting off the period of detention underwent by her and the remaining accused were acquitted. According to the Chief Judicial Magistrate, there were prima-facie materials pointing towards the possibility of foul play in the matter. Based on the said report, this suo motu criminal revision case was registered as per the order of the then Chief Justice. The Registrar of Vigilance, High Court of Kerala was also directed to enquire into the matter and to file a report. Accordingly, The Registrar, Vigilance had submitted an enquiry report. After a detailed enquiry and taking into account the statement of the witnesses and other materials, the Registrar came to the conclusion that there are no sufficient materials to substantiate the allegation that the Judicial First Class Magistrate committed any act of dishonesty in disposing of C.C.No.625 of 2012 on the file of the Judicial First Class Magistrate-II, Thamarassery. There are no other materials on record to substantiate the Crl.R.C.No. 4 of 2016 ..5.. 2025:KER:25819 allegation of judicial dishonesty on the part of the Magistrate. Nothing is discernible from the judgment in C.C.No. 625 of 2012 as well. In these circumstances, the above suo motu criminal revision case stands closed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA