Partly allowed

Ajithan v. State of Kerala

Kerala HC9 Jan 2008Crl.MC/96/2008

Case brief

AI extract

What is this about?

The petitioner, an accused in a criminal case, sought to quash a charge sheet citing the acquittal of co-accused. The court rejected the quashing prayer but granted leave to file an application for discharge under Section 227 Cr.P.C., directing expeditious disposal within one month.

What did the court decide?

Prayer to quash charge-sheet dismissed; prayer to permit seeking discharge under Sec. 227 Cr.P.C. allowed.

Ajithan Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929

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Crl.MC.No. 96 of 2008()

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----------------------SC.480/2007 of II ADDL. SESSIONS COURT, TRIVANDRUM SC.171/2004 of ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM

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PETITIONER: ACCUSED

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AJITHAN, AGED 35 YEARS, S/O.SATHYAN PALAMOODU VEEDU, PULINTHURUTHY KADADOM P.O., CHIRAYINKEEZHU.

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BY ADV. SRI.D.KISHORE

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RESPONDENTS: STATE & COMPLAINANT

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STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THE CIRCLE INSPECTOR OF POLICE, ATTINGAL.

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BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 96 of 2008**

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*** * * * * * * * * * * * * * * * * * Dated: 09-01-2008**

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JUDGMENT

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Petitioner who was the 8^th accused in Crime No. 289 of 2001 of Chirayinkeezhu Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324, 114 and 302 I.P.C., was absconding before the II Addl. Sessions Court, Thiruvananthapuram and the case against him was split up and re-filed as S.C. 480 of 2007. His prayer to quash the charge-sheet leading to S.C. 480 of 2007 for the sole reason that the co-accused in the case have been acquitted after trial as per the judgment dated 9-8-2996 in S.C. 171 of 2004 by the II Addl. Sessions Court, Fast Track (Adhoc) No. IV, Thiruvananthapuram, cannot be granted . His limited prayer now made to permit him to seek a discharge before the Addl. Sessions Court can be granted.

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Accordingly, this M.C. is disposed of permitting the petitioner to seek a discharge under Sec. 227 Cr.P.C. before the trial court. In case, the petitioner files an application for discharge before the trial court, the same shall be considered and disposed of expeditiously, at any rate , within one month of the date of filing the said application.

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V. RAMKUMAR,

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(JUDGE)

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ani.

Ajithan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajithan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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