Mohammed Ali v. State of Kerala
Case brief
What is this about?
The court disposed of a Criminal Misc. Case filed by an accused stipulating quashing of the final report, instead directing that he should have sought discharge under Sections 239 and 240 Cr.P.C. during preliminary hearing, reserving his right to do so and dispensing with personal appearance for his subsequent discharge application.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929
Crl.MC.No. 946 of 2008()
-----------------------CRIME NO.281/2006 OF ALUVA POLICE STATION
PETITIONER:
P.A.MOHAMMED ALI, MANAGING PARTNER, RAY'S TRAVEL BUREAU, 28/22, CHUNNAVALA BUILDING, 2ND FLOOR, MOHAMMED ALI ROAD, MUMBAI 400 003 HAVING BRANCH OFFICE AT 39/6830, ROHINI BUILDING, OPP.HDFC BANK BUILDING, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI 682016.
BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI
RESPONDENTS:
- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.281 OF 2006), ALUVA POLIE STATION)
Issues for consideration
3 issues framed by the court
Whether the Criminal Misc. Case should be disposed of when the proper course is to plead for discharge under Sections 239 and 240 Cr.P.C.
Whether the impleaded applicants are proper for this discharge application.
Whether the impleaded applicants can file discharge application in absentia.
Parties & counsel
- petitioner
P.A.MOHAMMED ALI
- respondent
STATE OF KERALA
- respondent
THE S.I. OF POLICE, ALUVA
- respondent
MRS. CELINE PAUL
Coram
Case details
As recorded by the court registry
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