Court dismissed a criminal miscellaneous petition as withdrawn by the petitioner, granting liberty to file a fresh petition to quash proceedings.
Petitioner granted liberty to withdraw the case with liberty to file a fresh Crl.M.C.
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
WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941
Crl.MC.No.4623 OF 2018
CRIME NO.130/2018 OF Areacode Police Station , Malappuram
PETITIONER/S:
MOOSAKOYA, AGED 55 YEARS, S/O.IBRAHIM, KAKKUVEETL HOUSE, NEAR CHANTHA GOVERNMENT HOSPITAL, AREACODE, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031, FOR THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT.
2 VICTIM.
R-2 BY ADV. SRI.K.S.PRAVEEN
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.4623 OF 2018
ALEXANDER THOMAS, J .
Crl.M.C.No.4623 Of 2018
Dated this the 16th day of October, 2019.
O R D E R
The learned counsel for the petitioner would submit 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 seeking to quash the impugned criminal proceedings on the ground of abuse of the process of the Court, “ no offence made out ”, etc.
Crl.M.C. On the request of the petitioner, it is ordered that Registry will return back the original of Anx-B affidavit to the petitioner's counsel, if a request in that regard is made. However, the Registry will ensure that a photocopy of the same is kept in the case file for the purpose of maintenance of records.
With the abovesaid liberty the Criminal Miscellaneous Case will stand dismissed as withdrawn.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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Crl.MC.No.4623 OF 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE-A. | TRUE COPY O | F T | HE FIR IN CRIME |
|---|---|---|---|
| NO.130/2018 | OF | AREAKKODE POLICE | |
| STATION, DATED | 30/5 | /2018. | |
| ANNEXURE-B. | TRUE COPY OF | THE | AFFIDAVIT SWORN BY |
| THE 2ND RESPON | DENT | DATED 4/7/2017. |
MOOSAKOYA
THE STATE OF KERALA
VICTIM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
