Dismissed
Winston Xavier @ Rony v. State of Kerala
Kerala HCCrl.MC/336/2015
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
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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
WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937
Crl.MC.No. 336 of 2015 ()
CRIME NO. 332/2014 OF KOTTIYAM POLICE STATION , KOLLAM
PETITIONER(S)/2ND ACCUSED:
WINSTON XAVIER @ RONY, AGED 36 YEARS S/O.VARUGHESE XAVIER, MARGRET SADANAM KALKUTHIL PULLICHIRA P.O., KOLLAM DISTRICT.
BY ADVS.SRI.BINU GEORGE
RESPONDENT(S)/STATE :
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 336 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-I. CERTIFIED COPY OF FIR NO.332/2014 DATED 24/2/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-II. TRUE COPY OF INQUEST REPORT IN CRIME NO.332/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-III. TRUE COPY OF THE REMAND APPLICATION IN CRIME NO.332/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-IV. CERTIFIED COPY OF FINAL REPORT IN CRIME NO.332/2014 DATED 24.02.2014 OF KOTTIYAM POLICE STATION.
RESPONDENT(S)' ANNEXURES : NIL
------------------------
//TRUE COPY//
P.A. TO JUDGE.
STU
B.KEMAL PASHA, J.
================ Crl.M.C. No. 336 of 2015
======================= Dated this the 18th day of November, 2015
O R D E R
The petitioner is the 2nd accused in Crime
No.332/2014 of the Kottiyam Police Station, Kollam District, which is presently pending as C.P.No.148/2015 before the Judicial First Class Magistrate's Court-II, Kollam, for the offence punishable under Section 306 read with Section 34 IPC.
2
Crl.M.C. No. 336 of 2015
the Investigating Officer and weigh the evidence.
With the said liberty to the petitioner, this Crl.M.C is closed.
Sd/- B.KEMAL PASHA, JUDGE
stu
2 issues framed by the court
Whether the Court can go into the merits of the case at the admission stage of a criminal miscellaneous petition.
Whether the petitioner should be roped in the offence under Section 34 IPC without specific allegations.
WINSTON XAVIER @ RONY
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
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