Crl.MC. No. 2474 of 2015 by the first accused seeking to challenge premises. The court held it is premature to weigh intrinsic evidence and directed the petitioner to approach the court below under Section 239 Cr.P.C. for discharge if entitled.
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 B.KEMAL PASHA
MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937
Crl.MC.No. 2474 of 2015 ()
AGAINST THE ORDER/JUDGMENT IN CC 145/2015 of C.J.M.,KASARAGOD
PETITIONER(S)/ACCUSED:
SHANAVAS P.K.M S/O.T.B.KUNHAMO, DARUSAFFA PADHOOR, THEKKIL POST KASARAGOD.
BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE
RESPONDENT(S):
R BY PUBLIC PROSECUTOR SMT.SAREENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2474 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A1. PHOTOSTAT COPY OF THE FIR IN CRIME NO.121/2013 OF THE MANJESWAR POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE-A2. PHOTOSTAT COPY OF THE AGREEMENT EXECUTED BETWEEN HARIS.C.A AND THE PETITIONER HEREIN ON 2/2/2013 IN TGHE PRESENCE OF WITNESS.
ANNEXURE-A3. PHOTOSTAT COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINT TO THE POLICE
ANNEXURE-A4. PHOTOSTAT COPY OF THE STATEMENT GIVEN ON 9/2/2015.
ANNEXURE-A5. PHOTOSTAT COPY OF THE STATEMENT FILED ON 9/3/2014.
ANNEXURE-A6. PHOTOSTAT COPY OF THE CHARGE SHEET.
RESPONDENT(S)' EXHIBITS : NIL
// True Copy //
PA to Judge
B. KEMAL PASHA, J.
Crl.M.C. No.2474 of 2015 C
Dated this the 26th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioner is the 1st accused in CC No.145/2015
of the Chief Judicial Magistrate's Court, Kasaragod, which has arisen from Crime No.121/2013 of Manjeswar Police Station for the offences punishable under Sections 143, 147, 148, 341, 364A and 506(ii) read with Section 149 IPC.
too premature to consider the said aspect by this Court. This Court cannot weigh the intrinsic particulars of the evidence collected by the investigating officer. At the same time, the petitioner can approach the court below at the stage of Section 239 Cr.P.C. with a request for discharge, in
Crl.M.C.2474/2015
: 2 :
case he is entitled. In such case, the court below shall pass appropriate orders. The court below shall not insist the
personal presence of the petitioner till the stage of Section 239 Cr.P.C.
Crl.M.C. is disposed of accordingly.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/26/10
// True Copy //
PA to Judge
SHANAVAS P.K.M
STATE OF KERALA
MUJEEB ABDULLA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
