Disposed

M.K.Sreedharan v. State of Kerala

Kerala HC28 Feb 2018Crl.MC/146/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, hearing two connected criminal miscellaneous petitions, declined to examine the final report directly. The Court held it was better to leave the matter to the Special Judge to decide on the final report under Section 239 Cr.P.C. and closed the petitions accordingly.

What did the court decide?

Closed the criminal miscellaneous petitions and directed the petitioners to raise contentions before the Special Judge.

M.K.Sreedharan Vs State of Kerala — Writ and Judicial Review | Kerala HC (2018)

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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.SUDHEENDRA KUMAR

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WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939

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Crl.MC.No. 146 of 2018

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CC 163/2016 of COURT OF ENQUIRY COMMNR. & SPL. JUDGE, THALASSERY, KANNUR

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PETITIONER(S)/ACCUSED 1 & 2

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1 M.K.SREEDHARAN

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AGED 62 YEARS, S/O. M.K. KANNAN, SREYAS HOUSE,

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VARADIMOOLA, VEMOM P.O., MANANTHAVADY, WAYANAD.

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2 P.A.DEEPTHESH

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AGED 37 YEARS, S/O.ANTONY, PALATHUMTHALAKKAL HOUSE,

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DWARAKA, NALLOORNAD P.O., MANANTHAVADY, WAYAND .

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BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF

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KERALA, ERNAKULAM, KOCHI - 682 031.

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2. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, MEENANGADI,

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WAYANAD - 673 591.

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R BY SPECIAL PUBLIC PROSECUTOR SRI.A.RAJESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-02-2018, ALONG WITH CRL.M.C.190/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 146 of 2018 ()

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PETITIONER(S)' EXHIBITS

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ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.163/2016 PENDING BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY.

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RESPONDENT'S EXHIBITS: NIL ----------------------

TRUE COPY

PA TO JUDGE

Scl.

B. SUDHEENDRA KUMAR, J.

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Crl.M.C Nos. 146 & 190 of 2018

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Dated this the 28^th day of February, 2018

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ORDER

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Heard.

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Having heard the learned counsel for the

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petitioners, I am of the view that since the court below is having the documents and the statements filed by the prosecution before that court, it is better to leave the matter to be decided by the court below under Section 239 Cr.P.C. For the said reason, I am inclined to close these Crl.M.Cs.

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In the result, these Crl.M.Cs stand closed.

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However, the petitioners shall be at liberty to raise all their contentions before the court below under Section 239

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Cr.P.C. If any such contention is raised, the court below shall consider and take decision, before proceeding further in the matter.

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B. SUDHEENDRA KUMAR

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JUDGE

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Scl/28.02.18

M.K.Sreedharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.K.Sreedharan v. State of Kerala

Case brief

What is this about?

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