Rajan v. State of Kerala
Case brief
What is this about?
Petitioner, an accused in a criminal trial, sought premature termination via a settlement affidavit. Court rejected premature closure but directed expeditious disposal due to the case's age.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
Crl.MC.No. 10 of 2016
CRIME NO. 98/2004 OF THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT.
PETITIONER:
RAJAN, AGED 38 YEARS, S/O JOHNKUTTY, THAZHOOTTU THEKKATHIL VEEDU, KOIVILA MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, KERALA-691 590.
BY ADV. SRI.SOORANAD S.SREEKUMAR
RESPONDENT(S):
1. STATE OF KERALA, RERPESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031.
Issues for consideration
2 issues framed by the court
Whether a private settlement affidavit without the appearance of the declarant justifies closing the prosecution.
Whether powers should be exercised for premature termination of criminal prosecution based on an affidavit.
Parties & counsel
- petitioner
Rajan
- respondent
State of Kerala
- respondent
The Sub Inspector of Police, Chavara Thekkumbhagam Police Station
- respondent
Jose
Coram
Case details
As recorded by the court registry
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