The High Court addressed an appeal challenging an inadvertent classification of the 6th accused as 'absconding' in a committal order. Certifying the error was unintentional, the court ordered fresh summons for the petitioner's appearance in the Sessions Court.
Issued fresh summons to petitioner for appearance in the Sessions Court.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
Crl.MC.No. 1643 of 2016 ()
CP.NO. 15/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA CRIME NO. 1042/2014 OF ALUVA WEST POLICE STATION (ALANGAD) , ERNAKULAM
PETITIONER/ACCUSED NOS.6:
RATHEESH, AGED 30 YEARS, S/O.CHANDRAN, MUNDANTHURUTHIL HOUSE, PANAYIKULAM KARA, ALANGAD VILLAGE, ERNAKULAM DISTRICT - 682 019.
BY ADVS.SRI.C.Y.VINOD KUMAR
SRI.JELSON J.EDAMPADAM
RESPONDENT/COMPLAINANT:
STATE OF KERALA, [REP. BY THE SUB INSPECTOR OF POLICE, ALUVA WEST POLICE STATION, CR.NO.1042/2014 OF ALUVA WEST POLICE STATION], REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 1643 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX A1: A CERTIFIED COPY OF THE COMMITTAL ORDER DATED 25/09/2015 IN C.P.NO.15/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, ALUVA, ERNAKULAM DISTRICT.
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
RAJA VIJAYARAGHAVAN V., J.
Crl.M.C. No.1643 of 2016
Dated this the 26th day of May, 2016
O R D E R
The petitioner's grievance is that, though the petitioner
had been appearing before court regularly, in the committal order dated 25.9.2015 in C.P.No.15 of 2015 on the file of the Judicial Magistrate of First Class Court-II, Aluva, the petitioner, who is the 6th accused, is shown as an absconding accused.
Crl.M.C. No.1643/2016
2
case is now pending as S.C.No.707 of 2015 on the file of the
Additional Assistant Sessions Court, North Paravur.
before the said court.
Petition is disposed of as above.
RAJA VIJAYARAGHAVAN V., (JUDGE)
vps
1 issue framed by the court
Whether the petitioner should be summoned in light of being erroneously classified as an absconding accused.
Ratheesh
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
