Petitioner in Criminal Misc. Case withdrew the petition. Court permitted petitioner to approach lower court for discharge under Section 239 Cr.P.C. without personal appearance within one month.
Exemption from personal appearance before trial court until discharge application decided.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941
Crl.MC.No. 3216 of 2016
AGAINST THE ORDER/JUDGMENT IN CC 600/2013 of JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE
CRIME NO. 219/2013 OF Chevayur Police Station , Kozhikode
PETITIONER/S:
LT.COL. JAMES WESLEY HUNT (RETD) FLAT NO. 1A PALM VALLEY APARTMENTS,GOLF LINK ROAD, CHEVAYUR, KOZHIKODE-673017
BY ADVS. SRI.ALAN PAPALI SRI.ANTONY ROBERT DIAS SRI.GILBERT GEORGE CORREYA SRI.J.VIMAL SRI.NISHIL.P.S.
RESPONDENT/S:
1 STATE OF KERALA (CRIME NO. 219/2013 OF CHEVAYUR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-682031.
2 HEERA
WIFE OF SUNIL, FLAT NO. EG PALM VALLEY APARTMENTS, GOLF LINK ROAD,CHEVAYUR, KOZHIKODE 673017
BY ADV. SRI.SANTHARAM.P
OTHER PRESENT:
SRI.C.S.HRITHWIK,PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
Crl.MC.No. 3216 of 2016
O R D E R
Dismissed as withdrawn.
However, the petitioner shall be at liberty to approach the court below and plead for discharge under Section 239 Cr.P.C. If the petitioner files any application for discharge in C.C.600/2013 on the files of the court below, the court below shall consider all the contentions of the petitioner in accordance with law. I further make it clear that the petitioner shall be granted exemption from personal appearance before the court below till a decision is taken by the court below in the application for discharge, which will be filed by the petitioner before the court below within one month.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
nkr/07.06.19
-3-
Crl.MC.No. 3216 of 2016
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE ORDER DATED 31.05.2013 IN A.S. NO.81/2012 OF THE COURT OF THE DISTRICT JUDGE, KOZHIKODE. ANNEXURE II TRUE COPY OF THE ORDER DATED 12.04.2013 OF THE COURT OF PRINCIPAL MUNSIFF-II, KOZHIKODE IN I.A.NO.1125/2013 IN O.S.NO.140/2013. ANNEXURE III TRUE COPY OF THE COMPLAINT DATED 02.04.2013SUBMITTED B THE PETITINER BEFORE THE COMMISSIONER OF POLICE, KOSHIKODE. ANNEXURE IV TRUE COPY OF THE COMPLAINT STATE DATED 03.04.2013 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CHEVAYOOR POLICE STATION. ANNEXURE IV(A) TRUE LEGIBLE COPY OF ANNEXURE IV. ANNEXURE V TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.219/2013 DATED 03.04.2013 OF CHEVAYUR POLICE STATION ANNEXURE VI TRUE COPY OF THE MASS PETITION DATED 13.06.2013 SUBMITTED BY THE MEMBERS OF THE SREEROSH PALM VALLEY APARTMENT FLAT OWNERS ASSOCIATION BEFORE THE DISTRICT COLLECTOR, KOZHIKODE. ANNEXURE VII. TRUE COPY OF THE PETITIONER DATED 30.10.2013 SUBMITTED BY THE PETITIONER BEFORE THE HOB'BLE MINISTER FOR HOME.
ANNEXURE VIII TRUE COPY OF THE COMMUNICATION DATED 08.11.2013 FROM THE OFFICE OF THE MINISTER FOR HOME TO THE PETITIONER.
-4-
Crl.MC.No. 3216 of 2016
| ANNEXURE IX | TRUE COPY OF THE COMMUNICATION NO.53990/J1/2013/HOME DATED 21/01/2014 FROM THE OFFICE OF THE PRINCIPAL SERETARY TO THE PETITIONER. |
|---|---|
| ANNEXURE X | TRUE COPY OF THE COMMUNICATION NO. GS4- 741/2013 DATED 08.05.2013 FROM THE OFFICE OF THE SECRETARY TO THE GOVERNOR TO THE PETITIONER. |
| ANNEXURE XI | TRUE COPY OF THE COMMUNICATION NO.40801/J1/2013/HOME DATED 03.02.2014 FROM THE OFFICE OF THE PRINCIPAL SECRETARY (HOME) TO THE PETITIONER. |
| ANNEXURE XII | CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.219/2013 DATED 28.04.2013 OF CHEVAYUR POLICE STATION. |
1 provisions across 1 enactments
LT.COL. JAMES WESLEY HUNT (RETD)
STATE OF KERALA
HEERA
B SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
