Dismissed

U.U.Umnashanker v. State of Kerala

Kerala HC9 Sept 2013Crl.MC/3258/2013

Case brief

AI extract

What is this about?

Single judge High Court disposed of a criminal miscellaneous petition. Petitioner's counsel requested the court not to interfere with pending trial proceedings but to direct the lower court to consider a prayer for discharge. The court recorded the submission and disposed of the matter, directing the lower court to consider the discharge plea during trial.

What did the court decide?

Directed the court below to consider the plea of the petitioner for discharge during the trial and pass appropriate orders thereon.

U.U.Umnashanker Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2013)

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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 V.K.MOHANAN

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MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935

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Crl.MC.No. 3258 of 2013 ()

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SC.NO.77/2011 OF THE SUBORDINATE JUDGE'S & ASSISTANT SESSIONS COURT, CHERTHALA

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PETITIONER(S)/ACCUSED 5:

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U.U.UMASHANKER, AGED 24 YEARS, S/O.N.K.UNNIKRISHNAN NAIR, UMA MANDIRAM, AROOKUTTY P.O., CHERTHALA-688535.

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BY ADVS.SRI.B.ASHOK SHENOY SMT.C.G.PREETHA

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RESPONDENT(S)/COMPLAINANT/STATE AND INJURED:

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1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, POOCHACKAL POLICE STATION, POOCHACKAL-688526, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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2. P.S.BABU, S/O.SIVASANKARAN, CHOOLACKAL NIKARTHIL HOUSE, AROOKUTTY P.O.-688535.

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3. PRASANNAN, AGED 43 YEARS, S/O.DAMODARAN, KOLLUVEETTIL, AROOKUTTY P.O.-688535.

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R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 & 3 BY ADV. SMT.NISHITHA B.BHAT

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3258 of 2013 ()

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APPENDIX

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PETITIONERS' ANNEXURES

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A1: COPY OF THE FIRST INFORMATION REPORT DATED 28/1/2009 IN CRIME NO.29/2009 OF POOCHACKAL POLICE STATION

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A2: COPY OF THE FINAL REPORT DATED 28/3/2009 IN CRIME NO.29/2009 OF POOCHACKAL POLICE STATION.

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A3: COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT HEREIN.

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A4: COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT HEREIN.

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RESPONDENTS ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

V.K.MOHANAN, J.

Crl.M.C.No.3258 of 2013

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Dated this the 09^th day of September, 2013

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ORDER

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As this Court is not inclined to interfere with the proceedings pending before the court below the learned counsel for the petitioner submitted that the court below may be directed to consider the prayer for discharge of the petitioner from the above case during the trial of the above case. The above submission is recorded. Accordingly, this Crl.M.C. is disposed of directing the court below to consider the plea of the petitioner for discharge, if any, raised during the trial of the case and pass appropriate orders thereon.

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V.K.MOHANAN, JUDGE

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skj

U.U.Umnashanker v. State of Kerala

Case brief

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U.U.Umnashanker v. State of Kerala

Case brief

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