The court permitted the withdrawal of a criminal miscellaneous case filed for quashing proceedings. The case was dismissed as withdrawn without prejudice to the petitioner's right to file a proper proceeding regarding the police final report.
Crl.M.C. dismissed as withdrawn with liberty to file a proper proceeding regarding the final report.
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 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937
Crl.MC.No. 5595 of 2015 ()
CRIME NO. 761/2011 OF KUNNAMKULAM POLICE STATION, TRISSUR DISTRICT
================
PETITIONER/ACCUSED:
DHANESH DHARMAN, S/O.DHARMAN MUTHIRAMPARAMBATHU HOUSE KUNNAMKULAM, THRISSUR.
BY ADVS.SRI.DINNY THOMAS SRI.JAISHANKAR V.NAIR SRI.ALBERT V.JOHN
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PIN 682 031.
2. SHINE, AGED 35 YEARS, D/O.VARGHESE, VILLADAM HOUSE KURUKKANPARA DESOM, ARTHATT VILLAGE THRISSUR, PIN - 680 001.
R1 BY PUBLIC PROSECUTOR SMT. REMA R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5595 of 2015 ()
APPENDIX
PETITIONER'S EXHIBITS
ANNX.A1 - TRUE COPY OF FIR CHARGE SHEET AND STATEMENTS
RESPONDENTS' EXHIBITS
NIL
TRUE COPY P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C. No.5595 of 2015
Dated this the 3rd day of September, 2015
It is submitted that the police has already submitted final
report in court in the crime sought to be quashed. In such a situation, the learned counsel for the petitioner seeks permission to withdraw the Crl.M.C. with liberty to file a proper one as regards final report itself. The submission is accepted, and accordingly, this Crl.M.C. is dismissed as withdrawn without prejudice to the right of the petitioner to file a proper proceeding as regards the final report.
Sd/-
P. UBAID, JUDGE
sd
1 issue framed by the court
Whether the petitioner is permitted to withdraw the criminal miscellaneous case seeking quashing of proceedings.
DHANESH DHARMAN
STATE OF KERALA
SHINE
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
