Dismissed
Lesley Daniel v. State of Kerala
Kerala HCCrl.MC/2662/2018
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
CRL.MC.NO.2662 OF 2018
CRIME NO.3818/2017 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA
PETITIONERS/ACCUSED 1 TO 3:
1 LESLEY DANIEL AGED 60, S/O.M.T.DANIEL, KODINJINAL, MYLAPRA TOWN P.O., MYLAPRA VILLAGE, KONNI TALUK, PATHANAMTHITTA.
AGED 55, S/O.M.T.DANIEL, KODINJINAL, MYLAPRA TOWN P.O.,MYLAPRA VILLAGE, KONNI TALUK, PATHANAMTHITTA.
3 SANTHEN DANIEL
AGED 55, W/O.LESLEY DANIEL, KODINJINAL, MYLAPRA TOWN P.O.,MYLAPRA VILLAGE, KONNI TALUK, PATHANAMTHITTA.
BY ADV. SRI.NANDAGOPAL S.KURUP
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682018.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C. No. 2662 of 2018
Dated this the 18th day of October, 2019
O R D E R
Sri.Nandagopal S.Kurup, learned counsel appearing for the petitioners would submit on the basis of instructions of his parties that leave may be granted to withdraw this Crl.M.C. with liberty to file a fresh petition under Sec.482 of the Cr.P.C., so as to not only challenge the present impugned FIR but also the final report/charge sheet in this case, which has been filed by the police during the pendency of this Crl.M.C.
Liberty is accorded to the petitioners to work out their remedies in the manner known to law. Further it is ordered that, the Registry will return back certified copy of Anx.A2 FIR to the petitioners' counsel, if a request in that regard is made. However, the Registry will ensure that a photocopy of the said document is placed in the original case file for the purpose of maintenance of records.
With the said liberty, the above Criminal Miscellaneous Case will stand dismissed as withdrawn.
Sd/ALEXANDER THOMAS, JUDGE
MMG
Crl.M.C. No. 2662 /2018
..3..
APPENDIX
| **PETITIONERS' ** | EXHIBITS: |
|---|---|
| ANNEXURE A1 | TRUE COPY OF THE FIRST INFORMATION STATEMENT DATED 23-11-2017 GIVEN BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT. |
| ANNEXURE A2 | TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.3818/2017 OF PATHANAMTHITTA POLICE STATION. |
| ANNEXURE A3 | TRUE COPY OF THE FINAL REPORT CC NO.49/2014 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A4 | TRUE COPY OF THE DEPOSITION OF MR.M.P. THOMAS WHO WAS EXAMINED PW6 IN CC NO.136/2008 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A5 | TRUE COPY OF THE JUDGMENT IN CC NO.136/2008 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A6 | TRUE COPY OF THE PRIVATE COMPLAINT IN ST NO.4871/2007 INSTITUTED BY MR.M.P. THOMAS AS AGAINST THE THIRD PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A7 | TRUE COPY OF THE PRIVATE COMPLAINT IN ST 4402/2007 CONSTITUTED BY MR.M.P.THOMAS AS AGAINST THE FIRST PETITIONER HEREIN BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A8 | TRUE COPY OF THE PRIVATE COMPLAINT IN ST 4401 CONSTITUTED BY MR.M.P.THOMAS AS AGAINST THE FIRST PETITIONER HEREIN BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
| ANNEXURE A9 | TRUE COPY OF THE PRIVATE COMPLAINT IN ST 4399/2017 CONSTITUTED BY MR.M.P.THOMAS FOR THE OFFENCE UNDER SECTION 138 OF THE NEGOTIABLE |
| INSTRUMENTS ACT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA. |
1 provisions across 1 enactments
LESLEY DANIEL
STANLEY DANIEL
SANTHEN DANIEL
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
SHERLY GEORGE
ALEXANDER THOMAS
As recorded by the court registry
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