The Court disposed of a Criminal Miscellaneous application filed by accused Nos. 3 to 5, which sought to quash proceedings, by granting the petitioner counsel permission to withdraw the petition.
Permission to withdraw the petition with liberty to raise contentions before the Magistrate 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 K.RAMAKRISHNAN
TUESDAY, THE 13TH DAY OF AUGUST 2013/22ND SRAVANA, 1935
Crl.MC.No. 2594 of 2007 ( )
AGAINST THE JUDGMENT IN CC 244/2006 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
PETITIONER(S)/ACCUSED 3 TO 5:
1. JACOB MATHEW, S/O. K.M.MATHEW, PRINTER & PUBLISHER, MALAYALA MANORAMA DAILY, H.O. KOTTAYAM.
2. MAMMEN MATHEW, S/O. K.M.MATHEW, EDITOR, MALAYALA MANORAMA DAILY, H.O. KOTTAYAM.
3. PHILIP MATHEW, S/O. K.M.MATHEW, MANAGING DIRECTOR, MALAYALA MANORAMA DAILY, H.O. KOTTAYAM.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS/COMPLAINANT & STATE:
1. REJI M.PANICKER, S/O. MATHAI PANICKER, BUSINESS, AGED 30 YEARS, KUNNUVILA PUTHENVEEDU, MULAVANA VILLAGE, KUNDARA.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
*** ADDL.R3 & R4 IMPLEADED**
3. P.T.THOMAS, DRIVER, DELHI POLICE, QUARTERS NO.103-R, SECTION IV, GOAL MARKET, J 12 AREA, B.K.S.MARG, NEW DELHI.
PJ
...2/-
..2..
Crl.MC.No. 2594 of 2007 ( )
4. ANIYAMMA THOMAS, W/O.P.J.THOMAS, QUARTERS NO.103-R, SECTION IV, GOAL MARKET, J 12 AREA, B.K.S.MARG, NEW DELHI.
IMPLEADED AS ADDL.R3 & R4 AS PER ORDER DT.24/9/2009 IN CRL.MA.5309/2009.
R1,3 & 4 BY ADV. SRI.P.GOPAKUMARAN NAIR
SRI.C.S.DIAS SRI.AJITH MURALI SMT.R.BEENA
R2 BY PUBLIC PROSECUTOR SRI.PADMALAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 2594 of 2007 ( )
APPENDIX
PETITIONERS' ANNEXURES
ANNEXURE A: PHOTOCOPY OF COMPLAINT, C.C.NO.244/2006 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM.
RESPONDENTS' ANNEXURES
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.RAMAKRISHNAN, J.
Crl.M.C.No.2594 of 2007
Dated this the 13th day of August, 2013
O R D E R
This is an application filed by the accused Nos. 3 to 5 in C.C. No.244/2006, on the file of the Chief Judicial Magistrate Court, Kollam, to quash the proceedings under Section 482 of the Code of Criminal Procedure, as against them.
Crl.M.C.No.2594 of 2007
2
shall consider the same and pass appropriate orders on the application.
With the above observation and liberty given, the petition is dismissed as withdrawn.
Sd/- K. Ramakrishnan, Judge
// True Copy //
P.A. to Judge
ss
JACOB MATHEW / MAMMEN MATHEW / PHILIP MATHEW
REJI M.PANICKER
STATE OF KERALA
K. RAMAKRISHNAN, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
