Criminal Miscellaneous petitions seeking withdrawal with leave to file fresh petitions. Court accorded leave to withdraw criminal miscellaneous cases arising from a pending criminal case. Cases dismissed as withdrawn.
Leave accorded to petitioners to withdraw the Criminal Miscellaneous Cases with liberty to file fresh petitions.
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
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
CRL.MC.NO.4990 OF 2019(C)
CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA
PETITIONERS/ACCUSED:
2 BENNY MATHEW, AGED 55 YEARS, S/O.P.K.MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA.
BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.D.FEROZE, SRI.K.ANAND (A-1921)
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 (CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT.
2 VICTIM
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.11.2019, ALONG WITH CRL.M.C.NO.8523/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941
CRL.MC.NO.8523 OF 2017
CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA
PETITIONER/DEFACTO COMPLAINANT:
VICTIM
BY ADV. SRI.VINOD KUMAR.C
RESPONDENTS/STATE/ACCUSED:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT)
2 JACKICHAN P BENNY @ MATHEW P BENNY, AGED 21 YEARS, S/O BENNY MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM PO, PANDALAM, PATHANAMTHITTA-689516.
4 ST.JUDE CHARITBALE TRUST PODIMATTAM, 26TH MILE, KOTTAYAM-686001.
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1. SRI.S.RAJEEV, ADVOCATE FOR R2 & R3.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.11.2019, ALONG WITH CRL.M.C.NO.4990/2019(C), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
--------------------------------------------------Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017
Dated this the 4th day of November, 2019
O R D E R
Sri.S.Rajeev, learned counsel appearing for the petitioners in Crl.M.C. No. 4990 of 2019 and Sri.C.Vinod Kumar, learned counsel appearing for the petitioner in Crl.M.C. No.8523 of 2017, would submit on the basis of instructions of their respective parties that leave may be given to these petitioners to withdraw these Criminal Miscellaneous Cases with liberty to file fresh Criminal Miscellaneous Cases by those parties seeking quashment of the impugned criminal proceedings which are arisen out of the final reports/charge sheets filed in these cases during the pendency of these petitions, etc.
the certified copies of Anx.I FIR and Anx.II final report/charge
Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017
sheet to the counsel for the petitioners in Crl.M.C. No. 4990 of 2019, if a request in that regard is made. So also the Registry will return back the certified copies of Anx.I FIR and Anx.II complaint to the counsel for the petitioner in Crl.M.C. No.8523 of 2017, if a request in that regard is made. However, the Registry will ensure that photocopies of the those documents are placed in the respective case files for the purpose of maintenance of records.
With the said liberty, the above Criminal Miscellaneous Cases will stand dismissed as withdrawn.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017
..5..
APPENDIX OF CRL.M.C.No.4990/2019
PETITIONERS' EXHIBIT:
ANNEXURE I
CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1019/2015 REGISTERED BY PANDALAM POLICE ALONG WITH COMPLAINT FILED BY THE SECOND RESPONDENT.
Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017
..6..
APPENDIX OF CRL.M.C.No.8523/2017
PETITIONER'S EXHIBITS:
| ANNEXURE I | CERTIFIED REPORT IN PANDALAM O |
COPY OF THE FIRST INFORMATION CRIME NO.1019/2015 REGISTERED BY FFICE. |
|---|---|---|
| ANNEXURE II | TRUE COPY PETITIONER POLICE. |
OF THE COMPLAINT FILED BY THE BEFORE THE DIRECTOR GENERAL OF |
| ANNEXURE III | AFFIDAVIT 21.8.2017. |
SWORN BY THE PETITIONER DATED |
JACKICHAN P.BENNY @ MATHEW P.BENNY
BENNY MATHEW
STATE OF KERALA
VICTIM
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
