Petitioner sought closure of criminal reference regarding discharge application in pending proceedings below. Court deemed no order required and closed the present petition without deciding the underlying discharge matter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938 Crl.MC.No. 829 of 2017 ()
AGAINST CC 426/2016 of J.M.F.C.,PALA CRIME NO. 1513/2016 OF PALA POLICE STATION , KOTTAYAM
/PETITIONER(SOLE ACCUSED):
SIJU RAJ,AGED 40 S/O.RAJU, MANNUKULANGARA HOUSE, PALA P.O., MEENACHIL VILLAGE, KOTTAYAM DISTRICT-686575
BY ADVS.SRI.JAI GEORGE SMT.DAISY A.PHILIPOSE
RESPONDENTS/STATE & PETITIONER:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2. REENAMOL SABU, ARTHANAKUNNEL HOUSE, MURIKUMPUZHA BHAGOM, MEENACHIL VILLAGE, PALA, KOTTAYAM DISTRICT-686575
R2 BY ADV. SRI.SUNIL CYRIAC R2 BY ADV. SMT.DONA AUGUSTINE R1 BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 829 of 2017 ()
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1513/2016 OF PALA POLICE STATION
ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1513/2016 OF PALA POLICE STATION WHICH IS NOW PENDING AS C.C.NO.426/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE , PALA
ANNEXURE A3 A TRUE COPY OF THE SUIT O.S.NO.316/2015 PENDING ON THE FILES OF MUNSIFF COURT, PALA
ANNEXURE A4 A TRUE COPY OF THE NOTICE DATED 27.10.2015 ISSUED BY THE PALA MUNICIPALITY
ANNEXURE A5 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE PETITION DATED 1.7.2016 ISSUED BY THE PALA MUNICIPALITY
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE.
kp
B. SUDHEENDRA KUMAR, J
ORDER
The learned counsel for the petitioner has submitted that he only needs to argue for discharge under Section 239 of the Code before the court below. In view of the above submission, no order is required in this petition. Accordingly, this Crl.M.C stands closed.
However, if the petitioner files any application for discharge under Section 239 of the Code, the court concerned shall take into consideration of all the contentions which may be raised by the petitioner before taking a decision on the said application.
Sd/- B. SUDHEENDRA KUMAR, JUDGE
kp/01.03.17
Siju Raj
State of Kerala
B. Sudheendra Kumar
As recorded by the court registry
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