Dismissed

Mary Benjamin v. Fr.Mathew Pulimmoottil

Kerala HC4 Nov 2010Crl.MC/4356/2010

Case brief

AI extract

What is this about?

The court disposed of a criminal miscellaneous petition by granting liberty to the petitioners to file applications under sections 205 and 258 of the Code of Criminal Procedure to waive personal appearance for the trial.

What did the court decide?

Liberty granted to file applications under sections 205 and 258 CrPC to waive personal appearance and raise contentions before the Magistrate.

Mary Benjamin Vs Fr.Mathew Pulimmoottil — Writ and Judicial Review | Kerala HC (2010)

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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 M.SASIDHARAN NAMBIAR

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THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932

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Crl.MC.No. 4356 of 2010()

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ST.1451/2007 OF JUDL.FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM

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PETITIONER(S):

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----------------------

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1. MARY BENJAMIN, AGED 53 YEARS W/O.DR.P.V.BENJAMIN, POTTAS HOUSE, EROOR PO, COCHIN 682 306, ERNAKULAM DISTRICT.

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2. DR.P.V.BENJAMIN, AGED 57 YEARS POTTAS HOUSE, EROOR PO, COCHIN 682 306, ERNAKULAM DISTRICT.

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BY ADV. SRI.S.EASWARAN

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RESPONDENT(S):

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------------------------

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1. FR.MATHEW PULIMMOOTTIL, AGED 84 YEARS, COR-EPISCOPA ST. GREGORIOUS ORTHODOX SYRIAN CHURCH, ELAMKULAM, KOCHI-19.

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2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR,J.

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===========================

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CRL.M.C.No.4356 OF 2010

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===========================

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Dated this the 4^th day of November,2010

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ORDER

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Learned counsel appearing for the

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petitioners submitted that petitioners would move a petition under section 258 of Code of

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Criminal Procedure before the learned

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Magistrate and granting liberty to the petitioners to raise all the contentions raised herein in that petition, the petition may be disposed and presence of the petitioner may not be insisted for the purpose of claiming an order under section 258 of Code of Criminal Procedure.

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Petition is disposed granting liberty to the petitioners to raise all the contentions raised herein and seek an order by filing a petition under section 258 of Code of Criminal Procedure. If petitioners file an application

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Crl.M.C.4356/2010 2

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under section 205 of Code of Criminal Procedure to exempt them from personal appearance, learned Magistrate not to insist for their presence to enable them to get an order passed under section 258 of Code of Criminal Procedure.

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M.SASIDHARAN NAMBIAR JUDGE

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tpl/-

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M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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--------------------JUDGMENT

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SEPTEMBER,2006

Mary Benjamin v. Fr.Mathew Pulimmoottil

Case brief

What is this about?

What did the court decide?

Mary Benjamin v. Fr.Mathew Pulimmoottil

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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