In Crl.MC.No. 3779 of 2010, the petitioner challenged a notice under Section 91 CrPC via Section 482 CrPC. The court dismissed the petition as infructuous because a subsequent notice dated 04/11/2010 had already been issued.
The petition is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932
Crl.MC.No. 3779 of 2010 ()
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(ALL PROCEEDINGS IN PURSUANCE TO ANNEXURE A2 NOTICE ISSUED BY THE RESPONDENT U/S 91 OF CRPC.)
PETITIONER/PETITIONER:
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C.A.HARIS,S/O.ABDULLA,THAYYIL HOUSE, V.V.ROAD,VADAKARA.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT/RESPONDENT:
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STATE OF KERALA THROUGH THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI.P.A.SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
M.SASIDHARAN NAMBIAR,J.
--------------------------------------------- CRL.M.C.NO.3779 OF 2010 --------------------------------------------- Dated 10th November, 2010
O R D E R
Petition is filed under Section 482 of
Code of Criminal Procedure to quash Annexure-A2 notice issued to the petitioner under Section 91 of Code of Criminal Procedure in Crime No.704/2010 of Muvattupuzha Police Station directing the petitioner to appear and produce the documents mentioned therein on 7/9/2010.
The petition itself was moved thereafter, on 13/9/2010.
submitted that subsequently another notice was issued on 4/11/2010. In such circumstances, the petition is dismissed as infructuous.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether a petition under Section 482 CrPC to quash a notice under Section 91 CrPC is maintainable when a subsequent notice has already been issued.
2 provisions across 1 enactments
C.A. Haris
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
