Dismissed

Nalli Viswanath v. State of Kerala

Kerala HC18 Jan 2016Crl.MC/96/2015

Case brief

AI extract

What is this about?

This High Court allowed the petitioner accused to file an application under Section 239 Cr.P.C. to seek discharge. The Court directed the lower court to consider the merits based on the plea and refrain from insisting on the petitioner's personal appearance until that stage.

What did the court decide?

Permitted the petitioner to file an application under Section 239 Cr.P.C. before the court below forward. Directed the lower court to consider the aspects on merits without insisting on personal appea

Nalli Viswanath Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937

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Crl.MC.No. 96 of 2015 ()

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CC.NO. 166/2014 OF CHIEF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLLAM

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PETITIONER/ACCUSED NO.2 :

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NALLI VISWANATH AGED 53 YEARS, S/O. NALLI KUPPUSWAMY CHETTY, NO. 9, NAGESWARA ROAD, PANKAL PARK T. NAGAR, CHENNAI, TAMIL NADU.

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BY ADVS.SRI.S.RAJEEV SRI.V.K.PEER MOHAMED KHAN SRI.K.K.DHEERENDRA KRISHNAN

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RESPONDENT/STATE/COMPLAINANT :

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682 031 (CRIME NO. 511/CR/EOW-1/KLM/2010 OF CB CID EOW-1, KOLLAM) CRIME NO. 588/2010 OF KOLLAM WEST POLICE STATION KOLLAM DISTRICT.

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*ADDL. R2 IMPLEADED

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----------------------------------

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*ADDL.R2. G.P. KRISHNAMOORTHY AGED 39 YEARS, S/O. G. PASUPATHY NO.41, IST MAIN ROAD RAJA ANNAMALAI PURAM CHENNAI.

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*IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 29/1/15 IN CRL.M.A NO. 626/2015 IN CRL.M.C. NO. 96/2015.

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. R2 BY ADVS. SRI.R.MANOJ SMT.LEKHA SANKAR SMT.P.P.BLESSY MOL

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 96 of 2015 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE I : COPY OF THE COMPLAINT SUBMITTED BY THE INFORMANT TO THE SUPERINTENDENT OF POLICE, KOLLAM.

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ANNEXURE II COPY OF THE FIRST INFORMATION REPORT SUBMITTED BY KOLLAM WEST POLICE AS CRIME NO. 588/2010.

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ANNEXURE III CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 511/CR/EOW-I/KLM/2010 (ORIGINAL REGISTERED AS CRIME NO. 588/2010 OF KOLLAM WEST POLICE STATION).

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ANNEXURE IV COPY OF THE COMPLAINT DATED 27.1.2010 FILED BY THE 2ND RESPONDENT BEFORE THE XITH METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.

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ANNEXURE V COPY OF THE FIR IN CRIME NO. 569/2010 OF CENTRAL CRIME BRANCH, CHENNAI.

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ANNEXURE VI COPY OF THE ORDER DATED 20.1.2012 IN CRL.M.P. NO. 150/2010.

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RESPONDENT'S ANNEXURES :

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ANNEXURE R2(A) COPY OF THE REPORT FILED BY CENTRAL CRIME BRANCH, CHENNAI BEFORE THE XITH METROPOLITAN MAGISTRATE COURT, CHENNAI.

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ANNEXURE R2(B) COPY OF THE ORDER PASSED BY XITH METROPOLITAN MAGISTRATE COURT, CHENNAI.

//TRUE COPY//

P.S. TO JUDGE

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 96 of 2015

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............................................................... Dated this the 18^th day of January, 2016

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O R D E R

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Heard the learned counsel for the petitioner and the learned counsel for the additional 2^nd respondent.

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Petitioner is the accused in C.C.No.166/2014 of

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the Chief Judicial Magistrate's Court, Kollam, which has arisen from Crime No.588/2010 of the Kollam West Police Station which was renumbered as 511/CR/EOW1/KLM/2010, for the offences punishable under Sections 419, 420, 465 and 120(b) of the Indian Penal Code.

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On hearing the learned counsel for the petitioner

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and the learned counsel for the 2^nd respondent, it has come out that the contentions now raised in the matter on behalf

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of the petitioner are matters that has to be taken note of by

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CRL.M.C.No. 96 of 2015

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-: 2 :-

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the court below either at the stage of Section 239 Cr.P.C. or during trial. The limited request of the petitioner at present is that the court below may be directed to consider these aspects at the stage of Section 239 Cr.P.C. thereby enabling to seek a discharge in the matter.

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On hearing either side, this Court is satisfied that the petitioner can be permitted to move an application under Section 239 Cr.P.C. before the court below and in such a case, the court below shall consider all these aspects on merits, and shall pass appropriate orders in accordance with law. The court below shall not insist the personal appearance of the petitioner, till the stage of Section 239 Cr.P.C.

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With the above direction, this Crl.M.C. is closed.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Nalli Viswanath v. State of Kerala

Case brief

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Nalli Viswanath v. State of Kerala

Case brief

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