Crl.M.C. No. 1114 of 2019 allowed with withdrawal. Leave granted to withdraw criminal miscellaneous case allowing fresh petition to quash rape proceedings alleging consensual relationship. Case dismissed as withdrawn.
Leave granted to withdraw Crl.M.C. with liberty to file fresh petition to quash rape proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941
Crl.MC.No. 1114 of 2019
CRIME NO. 2328/2016 OF Chingavanam Police Station , Kottayam
PETITIONER/S:
RAHUL K.R., AGED 25 YEARS S/O REJI KUMAR, KUNNAMPALLIYIL HOUSE, KIDANGARA P.O., VELIYANADU VILLAGE, KUNNATHUNADU TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
3 VICTIM, X
BY ADV. SRI.P.V.DILEEP
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
================== Crl.M.C.No. 1114 of 2019 ==================
Dated this the 10th day of April, 2019 O R D E R
Sri.S.Rajeev, learned Advocate instructed by Sri.K.V.Anil Kumar,
learned counsel appearing for the petitioner would submit on the basis of the instructions of his party that leave may be granted to withdraw the above Crl.M.C. with liberty to the petitioner to file a fresh petition seeking quashment of the impugned criminal proceedings on the ground that the offence under Sec.376 of the I.P.C. (rape) will not be disclosed in the instant case as the alleged incidents have occurred mainly on account of consensual sexual relationship between the parties. Liberty is granted to the petitioner to work out his remedies in accordance with law.
Further pursuant to the request of the petitioner, it is ordered that certified copies of Anxs.A and B and the original of Anx. D affidavit may be returned back by the Registry to the petitioner's counsel, if a request is made in that regard. The Registry will ensure that photocopies of the said documents are retained in the case file, for the purpose of maintenance of records.
With the abovesaid liberty, the above Crl.M.C. will stand dismissed
as withdrawn.
Sd/- ALEXANDER THOMAS, JUDGE
sdk+
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | A A TRUE NO.2328/ |
COPY OF 2016 OF C |
THE HINGAV |
FIR AND FIS IN CRIME ANAM POLICE STATION |
|---|---|---|---|---|
| ANNEXURE | B A TRUE 21.3.201 |
COPY OF 7 |
ORDER | IN BA.1007/2017 DATED |
| ANNEXURE | A TRUE NO.2328/ |
COPY OF 2016 OF C |
THE HINGAV |
CHARGE SHEET IN CRIME ANAM POLICE STATION |
| ANNEXURE | D AFFIDAVI |
T OF THE | 3RD RE | SPONDENT |
RAHUL K.R.
STATE OF KERALA
THE CIRCLE INSPECTOR OF POLICE CHINGAVANAM
VICTIM, X
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
