Criminal miscellaneous petition allowed on withdrawal with liberty to raise contentions before the lower court and argue for discharge in the trial court.
Petitioner allowed to withdraw petition with liberty to raise contentions before lower court and seek discharge in Trial Court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 5TH DAY OF JULY 2013/14TH ASHADHA, 1935
CRL.MC.NO. 1331 OF 2008 ( ) ---------------------------CRIME NO.238/2002 OF CHITTARIKKAL POLICE STATION C.C. NO.364/2003 OF JUDICIAL FIRST CLASS MAGISTRATE-II, HORSDURG
PETITIONER(S)/IST ACCUSED:
T.IBRAHIM KUTTY, AGED 60 YEARS, S/O.P.AHAMED, PEKADAM HOUSE, P.O.PEKADAM, THRIKARIPUR, HOSDURG TALUK.
BY ADV. SRI.T.K.VIPINDAS
COMPLAINANT(S)/COMPLAINANT:
1.THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.H.O. CHITTARIKKAL.
2.SAINABA K., D/O M.B. MOHAMMED, P.O. PERUMBATTA,HORSDURG TALUK, KASARGOD.
ADDL. R2 IS IMPLEADED AS ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED 23.05.2008 IN CRL.M.A.2172/2008 IF CRL.M.C. NO.1331/2008.
BY PUBLIC PROSECUTOR SRI. MADHU BEN R2 BY ADV. SRI.M.SANTHOSH KUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
NS
K.RAMAKRISHNAN, J.
--------------------------------
Criminal M.C. No.1331 of 2008
Dated this, the 5th day of July 2013
O R D E R
After arguing the case for sometime, the counsel for the petitioner sought permission to withdraw the petition with liberty to raise all the contentions before the lower court and also argue for discharge in the Trail Court. Reserving the above liberty of the petitioner, permission is granted to the petitioner to withdraw the petition. If the petitioner surrenders before the Magistrate and move for recalling the L.P. warrant, then the learned Magistrate is directed to consider the same and pass appropriate orders in accordance with law.
With the above observation, the petition is closed as withdrawn.
Sd/-
K.RAMAKRISHNAN JUDGE
NS
T.IBRAHIM KUTTY
THE STATE OF KERALA
SAINABA K.
K RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
