A criminal miscellaneous case filed by the second accused seeking quashing of proceedings under the Indian Penal Code was allowed to be withdrawn without prejudice. The court granted permission, dismissing the petition as withdrawn.
Permission was granted to withdraw the criminal miscellaneous case without prejudice to the right to raise a defence in the trial court.
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 THOMAS P.JOSEPH
FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933
Crl.MC.No. 959 of 2011()
----------------------------------CC.NO. 11/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS-III, KOTTAYAM
PETITIONER(S): 2ND ACCUSED
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SINDHU, MANJANGAL HOUSE, KIDANGOOR KARA, MEENACHIL TALUK, KOTTAYAM.
BY ADV. SRI.A.K.HARIDAS
RESPONDENT(S): STATE & COMPLAINANT
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION, KOTTAYAM.
*** ADDL.R3 IMPLEADED**
*ADDL.R3: ABHILASH.K. NAIR, AGED 38 YEARS, S/O. KARUNAKARAN NAIR, NAND NIVAS, THIRUVANCHOOR KARA, MANARKAD VILLAGE, KOTTAYAM TALUK.( AYARKUNNAM POLICE STATION LIMIT)
*** ADDL.R3 IMPLEADED AS PER THE ORDER DATED 4/4/11 IN CRMA.NO.1965/11 IN CRMC 959/2011.**
R1 & R2 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
THOMAS P JOSEPH, J.
Crl.M.C.No.959 of 2011
Dated this 03rd day of June, 2011
ORDER
This petition is filed by the second accused in C.C.No.11 of 2011 of the Court of learned Judicial First Class Magistrate-III, Kottayam for offences punishable under Secs.120(b), 417 and 420 r/w Sec.34 of the Indian Penal Code. Allegation is that petitioner and first accused cheated the de facto complainant by personation. Petitioner wanted to quash proceeding against her on the ground that there is no material to show that she is in anyway involved in the alleged offence. At the time of hearing learned counsel for petitioner sought permission to withdraw this criminal miscellaneous case without prejudice to the right of petitioner to raise appropriate defence before the trial court.
This criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence before the trial court.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
/True Copy/
P.A to Judge
1 issue framed by the court
Whether permission can be granted to the second accused in a criminal miscellaneous case to withdraw the petition.
Sindhu
State of Kerala
Abhilash K. Nair
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
