The High Court of Kerala permitted the petitioner to withdraw his Criminal Miscellaneous petition (Section 482 Cr.P.C.) filed in connection with a criminal case, dismissing the plea as withdrawn upon asking for liberty to file a fresh petition.
Permission granted to withdraw the matter with liberty to file a petition for appropriate reliefs.
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 A.HARIPRASAD
WEDNESDAY, THE 9TH DAY OF JULY 2014/18TH ASHADHA, 1936
Crl.MC.No. 1809 of 2012 ()
AGAINST THE ORDER/JUDGMENT IN WP(C) 12020/2010 of HIGH COURT OF KERALA DATED 14-11-2011.
CRIME NO. 8/2012 OF PADAGIRI POLICE STATION , PALAKKAD.
PETITIONER(S)/ACCUSED:
BABU ABRAHAM, S/O.LATE SRI.V.C.ABRAHAM, BROOKLAND ESTATE, PADAGIRI - 678 509, PALAKKAD DISTRICT.
BY ADVS.SRI.JOSEPH KODIANTHARA (SR.) SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL).
RESPONDENT(S)/STATE SUB INSPECTOR AND COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE, PADAGIRI POLICE STATION, PALAKKAD, PIN - 678 509.
3. THE CONSERVATOR OF FORESTS, OLAVAKODE. PIN – 678002.
R1 & R4 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, S.C, C.B.I. R2 & R3 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1809 of 2012 ()
APPENDIX
PETITIONER(S) EXHIBITS :
| ANNEXURE-A: | CERTIFIED COPY OF THE FIR DATED 4-4-2012 IN CRIME NO.8/2012. |
|---|---|
| ANNEXURE-B: | TRUE COPY OF STATEMENT DATED 2-9-2011 OF THE 3RD RESPONDENT. |
| ANNEXURE-C: | TRUE COPY OF LEASE DEED DATED 25-3-1949. |
| ANNEXURE-D: | TRUE COPY OF THE GIFT DEED DATED 17.08.1970. |
| ANNEXURE-E: | TRUE COPY OF ORDER DATED 23.05.1992 IN O.P PROBATE NO.180 OF 1991. |
| ANNEXURE-F: | TRUE COPY OF LETTER DATED 25.09.2010 SENT BY THE DIVISIONAL FOREST OFFICER TO THE DISTRICT COLLECTOR, PALAKKAD. |
| ANNEXURE-G: | TRUE COPY OF RECEIPT DATED 08.02.2010 OF THE LEASE RENT PAID FOR THE ENTIRE EXTENT OF 250 ACRES COMPRISED IN THE BROOKLAND ESTATE. |
| ANNEXURE-H: | TRUE COPY OF ORDER DATED 16-5-1990 OF THE TALUK LAND BOARD, CHITTUR. |
| ANNEXURE-I: | TRUE COPY OF PLOT INSPECTION REPORT DATED 26.10.2005 OF THE ASSESSMENT OFFICER, CHITTUR, PALAKKAD. |
| ANNEXURE-J: | TRUE COPY OF POSSESSION CERTIFICATE DATED 1-3-2008 ISSUED BY THE VILLAGE OFFICER, NELLIAMPATHY. |
| ANNEXURE-K: | TRUE COPY OF POSSESSION CERTIFICATE DATED 1-3-2008 ISSUED BY THE VILLAGE OFFICER, NELLIAMPATHY. |
| ANNEXURE-L: | TRUE COPY OF THE JUDGMENT DATED 14-11-2011 PASSED BY THIS COURT IN WPC NO.12020 OF 2010. |
| ANNEXURE-M: | TRUE COPY OF THE JUDGEMENT DATED 4-4-2012 PASSED BY THIS COURT IN WPC NO.33442/2011. |
RESPONDENTS' EXHIBITS :
ANNEXURE R3(a) : TRUE COPY OF NOTIFICATION PUBLISHED IN COCHIN GOVERNMENT GAZETTE DATED 11-02-1933.
//TRUE COPY//
amk P.A TO JUDGE
A.HARIPRASAD, J.
Crl.M.C No.1809 of 2012
Dated this the 9th day of July, 2014.
O R D E R
Petition filed under Section 482 Cr.P.C.
2. Learned counsel for the petitioner seeks permission
to withdraw the matter with liberty to file a petition seeking appropriate reliefs. Permission granted. This Crl.M.C is dismissed as withdrawn.
All pending interlocutory applications will stand dismissed.
Sd/-
A.HARIPRASAD, JUDGE.
amk
//True Copy//
P.A to Judge
Colour shows how this judgement treated each authority
WP(C) 12020/2010Referred¶5
BABU ABRAHAM
STATE OF KERALA
HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
