The Supreme Court of India dismissed a criminal miscellaneous petition allowing the petitioner to withdraw the case with liberty to file a fresh petition seeking quashment of proceedings.
Leave granted to withdraw the Crl.M.C with liberty to file a fresh petition; copy of FIR returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941
Crl.MC.No.2911 OF 2018
CRIME NO.1506/2017 OF MANNANCHERRY POLICE STATION , Alappuzha
PETITIONER/S:
HARSHID MOHAMMED YUSUF AGED 35 YEARS, S/O.MOHAMMED YUSUF, H.P.PADAM, VALIYAMARAM WARS, NEAR IRSHAD MOSQUE WEST, VAZHICHERRY P.O.,ALAPPUZHA.
BY ADV. SRI.ABDUL JALEEL.A
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THESUB INSPECTOR OF POLICE, MANNANCHERRY POLICE STATION,ALAPPUZHA DISTRICT.
2 VICTIM
R-2 BY ADV. SRI.SANAL P.RAJ
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.2911 OF 2018
ALEXANDER THOMAS, J .
Crl.M.C.No.2911 Of 2018
Dated this the 5th day of November, 2019.
O R D E R
Sri.A.Abdul Jaleel, learned counsel for the petitioner, submits on the basis of instructions of his party that leave may be granted to the petitioner to withdraw the above Crl.M.C with liberty to file a fresh Crl.M.C to seek quashment of the impugned proceedings on the merits of the matters on the ground of consent, abuse of the process of the court, unexplained delay, etc., and also to challenge the Final Report/Charge Sheet filed by the Police during the pendency of the above Crl.M.C.
Accordingly, recording the submission of the learned counsel for the petitioner, the above Crl.M.C will stand dismissed as withdrawn.
However on the request of the petitioner it is also ordered that certified copy of Anx-A1 FIR will be returned back to the learned counsel for the petitioner. However the Registry will keep a photocopy of the said judgment in the case file for the purpose of maintenance of records.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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Crl.MC.No.2911 OF 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1. CERTIFIED COPY OF THE FIR IN CRIME NO.1506/2017. ANNEXURE-A2. AFFIDAVIT FILED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 20/2/2018.
HARSHID MOHAMMED YUSUF
STATE OF KERALA
VICTIM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
