The High Court at Ernakulam granted the petitioner permission to withdraw a Criminal Miscellaneous Case that dismissed an application filed under Section 452 Cr.P.C., noting that the remedy for such dismissal is an appeal under Section 454 Cr.P.C.
Permission to withdraw the Criminal Miscellaneous Case granted; case dismissed as withdrawn.
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 P.UBAID
THURSDAY, THE 18TH DAY OF SEPTEMBER 2014/27TH BHADRA, 1936
Crl.MC.No. 4797 of 2014 ()
CRIME NO. 368/2011 OF CHOMBALA POLICE STATION , VADAKARA
PETITIONER(S)/PETITIONER/ACCUSED:
ANISH AGED 31 YEAR S/O. KUMARAN, POTHIYOTTIL, VADAKARA KOZHIKODE.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR OF THE HIGH COURT OF KERALA ERNAKULAM-682031.
2. STATION HOUSE OFFICER
R1 BY PUBLIC PROSECUTOR SMT. P MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4797 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS :
ANNEXURE A1THE TRUE COPY OF THE FIR NO. 368/2011 DATED 30-07-2011 OF THE CHOMBALA POLICE STATION, VADAKARA.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
PA TO JUDGE
P.UBAID, J.
-----------------------------
Crl. M.C No. 4797 of 2014
--------------------------------------- Dated this the 18th day of September, 2014.
O R D E R
The petitioner herein is aggrieved by the dismissal of his application filed under Section 452 Cr.P.C. The legal remedy available in such a situation is appeal under Section 454 Cr.P.C. Anyway, the learned counsel seeks permission to withdraw this Crl. M.C. Permission is accordingly granted.
In the result, this Crl. M.C is dismissed as withdrawn.
JUDGE
sab
/TRUE COPY/
PA TO JUDGE
1 issue framed by the court
Whether permission to withdraw a criminal miscellaneous application dismissing the petition is permissible.
Colour shows how this judgement treated each authority
N/AReferred
2 provisions across 1 enactments
ANISH Aged 31 Son of KUMARAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
