The High Court of Kerala dismissed a criminal miscellaneous petition filed by accused persons in a trial before the Judicial First Class Magistrate, Kolencherry, on the grounds of absence of counsel and failure to take steps for representation. The case was disposed of as a non-prosecution matter.
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 N.K.BALAKRISHNAN
FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933
Crl.MC.No. 1609 of 2010()
------------------------CC.237/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KOLENCHERRY
PETITIONER(S): ACCUSED:
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1. K.V.PAULOSE, AGED 55 YEARS, S/O.VARGHESE, KUNNEL HOUSE, KARUKAPPILLY KARA, AIKKARANADU SOUTH VILLAGE. (MANAGING DIRECTOR, M/S.VAVERI PET & POLYFORMS PVT LTD., PERINGOLE, KOLENCHERY).
2. SREEKUMAR KRISHNAN, AGED 43 YEARS, GENERAL MANAGER, (M/S KAVERI PET & POLYFORMS PVT.LTD., PERINGOLE, KOLENCHERY).
BY ADV. SRI.C.R.VINOD KUMAR
RESPONDENT(S): STATE/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. JACOB T.ABRAHAM, AGED 46 YEARS, S/O ABRAHAM, THANIMOLEL HOUSE, MANGATOOR KARA, AIKKARANADU NORTH VILLAGE, KOLENCHERY.
R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
N.K. BALAKRISHNAN,J.
Crl.M.C. 1609 of 2010
Dated this the 4th day of November, 2011
O R D E R
Petitioner's counsel is absent. No representation. Steps not taken so far. Hence dismissed for nonprosecution.
N.K. BALAKRISHNAN, JUDGE
smvd
2 issues framed by the court
Whether the criminal miscellaneous petition应予 dismissed for non-prosecution in the absence of the petitioner's counsel.
Whether any representation was made on behalf of the accused.
K.V. PAULOSE
SREEKUMAR KRISHNAN
STATE OF KERALA
JACOB T. ABRAHAM
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
