Single judge of the Karnataka High Court dismissed a criminal miscellaneous petition filed by nine accused persons in a Sessions Court trial, holding the petition infructuous on the ground that lower court had already passed orders on the annexed petitions. No legal reasoning was provided.
Petition dismissed as infructuous.
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 R. NARAYANA PISHARADI
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Crl.MC.No.4827 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN SC 239/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOLLAM
CRIME NO.115/2012 OF Anchalummoodu Police Station , Kollam
PETITIONERS/ACCUSED 1 TO 9:
1 VINOD
AGED 42 YEARS S/O. GOPALAN, VAYALINKARA VEEDU, KADAVOOR CHERI, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
2 GOPAKUMAR @ GOPAN AGED 36 YEARS S/O. GOPINATHAN PILLA, EDAYATH VEEDU, KOTTAKAKAM CHERI, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
3 SUBRAMONIAN
AGED 40 YEARS S/O. VIDYDHARAN, THAVARATH VEEDU, NEAR THAVARATH AMBALAM, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
S/O. PRABHAKARAN, VAKKOM THAZHATHIL VEEDU, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
5 PRANAV AGED 29 YEARS S/O. GOPALAKRISHNAN, PARAPATHUVILA THEKETHIL VEEDU, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
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KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
8 DINARAJ AGED 31 YEARS S/O. BABY RAJAN, LALIVILA VEEDU, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
9 SHIJU @ ELUMALA SHIJU AGED 36 YEARS S/O. RAJENDRAN, GOPALA SADANAM, JARAKKAL CHERI, KADAVOOR VILLAGE, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR
RESPONDENTS/STATE/COMPLAINANT:
3 THE POLICE INSPECTOR KOLLAM WEST POLICE STATION, KOLLAM DISTRICT - 691 013.
AddL. REGHUNANDHAN PIAALI, AGED 55 YEARS, R4 S/O GOPLA PILLAI, KOYIPPURAM VEEDU, KODAVUR CHERY, THRIKKADAVUR VILLAGE, KOLLAM DISTRICT*
*IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 01.08.2019 IN Crl.M.A 2/2019 IN Crl.M.C No.4827/2019.
R4 BY ADV. K.S.HARIHARAPUTHRAN R4 BY ADV. SMT.BHANU THILAK
SRI E C BINEESH -PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Learned counsel for the petitioners submits that the Court below has passed orders on Annexure-G petition filed before that Court and therefore, the matter has become infructuous.
Consequently, the petition is dismissed as infructuous.
Sd/-
R. NARAYANA PISHARADI
JUDGE
rpk
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A | TRUE COPY OF THE FINAL REPORT IN CRIME NO.115/2019 OF ANCHALAMOODU POLICE STATION IN S.C.NO.239/17 PENDING TRIAL BEFORE THE 4TH ADDL. SECTIONS' JUDGE, KOLLAM |
|---|---|
| ANNEXURE B | THE TRUE COPY OF THE AFFIDAVIT AND THE PETITION TO RECALL THE WITNESS FILED BY THE DEFENCE ADVOCATE, SHRI L. LINTON TOGETHER WITH THE COPY OF 161 STATEMENTS. |
| ANNEXURE C | THE TRUE COPY OF THE PETITION TO DIRECT CW59 TO PRODUCE THE ORIGINALS OF THE 161 STATEMENTS |
| ANNEXURE D | THE TRUE COPY OF THE STATEMENT OF OBJECTION FILED BY THE PROSECUTION |
| ANNEXURE E | TRUE COPY OF THE PETITION FOR SAFE CUSTODY OF THE CASE DIARY |
| ANNEXURE F | THE TRUE COPY OF THE RELEVANT PORTION WRIT PETITION NO.18713/19 FILED BY A WITNESS GIREESH |
| ANNEXURE G | THE TRUE COPY OF THE PETITION SUPPORTED BY THE AFFIDAVIT AND THE INVENTORY TO SEND THE DISPUTED DOCUMENTS FOR HANDWRITING COMPARISON. |
| ANNEXURE-H | TRUE COPY OF THE SCENE MAHAZAR PREPARED BY THE C.I OF POLICE, KOLLAM WEST ALONG WITH A READABLE COPY |
| ANNEXURE-I | TRUE COPY OF THE STATEMENT MADE BY CW 1 TO THE C.I OF POLICE, KOLLAM WEST ALONG WITH ITS READABLE COPY |
| ANNEXURE-J | TRUE COPY OF THE STATEMENT MADE BY CW2 TO THE C.I OF POLICE, KOLLAM WEST ALONG WITH ITS READABLE COPY |
| ANNEXURE-K | TRUE COPY OF THE STATEMENT MADE BY CW4 |
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TO THE C.I OF POLICE, KOLLAM WEST ALONG WITH ITS READABLE COPY
ANNEXURE-L TRUE COPY OF THE STATEMENT MADE BY CW5 TO THE C.I OF POLICE, KOLLAM WEST ALONG WITH ITS READABLE COPY
ANNEXURE-M TRUE COPYOF THE DEPOSITION MADE BY CW14 EXAMINED PW5 BEFORE THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLLAM ALONG WITH ITS READABLE COPY
RESPONDENT'S/S EXHIBITS:
ANNEXURE R4(A) TRUE COPY OF THE OBJECTION FILED TO ANNEXURE G PETITION BY THE SPECIAL PUBLIC PROSECUTOR DTD.12-07-2019.
1 issue framed by the court
Whether the criminal miscellaneous petition filed for production of exhibits has become infructuous due to passage of interim orders by the Court below.
Vinod and Others
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
