The court granted liberty to the petitioners to withdraw the Criminal Miscellaneous Case pending the filing of a comprehensive challenge against the final report/charge sheet. The petition was dismissed as withdrawn.
Liberty granted to withdraw petition and file a fresh challenge against the charge sheet; petition dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941
Crl.MC.No.5028 OF 2016
AGAINST THE ORDER IN CMP 1416/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
CRIME NO.986/2016 OF Cherpu Police Station , Thrissur
PETITIONERS/ACCUSED 3 & 4:
1 MRS.REMA RAGHAVAN AGED 58 YEARS W/O. RAGHAVAN, RESIDING AT FLAT NO. 105, B WING, ROYAL GARDEN, MUMBAI MUNICIPAL STAFF QUARTERS,, DR.A B ROAD, WORLI, MUMBAI-400 018.
2 MR. RAGHAVAN, AGED 65 YEARS RESIDING AT FLAT NO. 105, B WING, ROYAL GARDEN, MUMBAI MUNICIPAL STAFF QUARTERS,, DR.A B ROAD, WORLI, MUMBAI-400 018.
BY ADVS. SRI.MOHAN PILLAI SMT.S.AMBILY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM 682 031
2 VANAJA RAJAN, AGED 52 YEARS W/O. RAJAN, POOVANTHINGAL HOUSE, KODANNUR, PALLIPURAM, CHERPU, THRISSUR, KERALA, INDIA 680 732.
R2 BY ADV. SRI.M.PREMCHAND
OTHER PRESENT:
SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5028/2019
2
ALEXANDER THOMAS, J.
Crl.M.C.No.5028 of 2016
Dated this the 28th day of October, 2019
ORDER
Sri. Mohan Pillai, learned counsel appearing for the petitioners submits on the basis of instructions of his party that some time during the pendency of this Criminal Miscellaneous Case, the 2nd petitioner (A4) has died and further that during the pendency of this petition, the Police has completed the investigation and has filed final report/charge sheet in this case, which has now led to the pendency of Calendar Case, C.C.No.3799/2016 on the file of Judicial First Class Magistrate Court-I, Thrissur. Hence, it is pointed out by the learned counsel for the petitioners that leave may be granted to the petitioners to withdraw this Crl.M.C. with liberty to file a fresh petition making a comprehensive challenge as against the final report/charge sheet as well as the proceedings in Calendar Case, C.C.No.3799/2016 on t he file of Judicial First Class Magistrate Court-I, Thrissur.
Liberty is accorded to the petitioners to work out their remedies in the manner known to law. With the said liberty, the above Crl.M.C. Will stand dismissed as withdrawn.
sd/-
ALEXANDER THOMAS, JUDGE.
acd
1 issue framed by the court
Whether to grant liberty to petitioners to withdraw the criminal miscellaneous petition and file a fresh one challenging the final report/charge sheet.
MRS.REMA RAGHAVAN
MR. RAGHAVAN
STATE OF KERALA
VANAJA RAJAN
ALEXANDER THOMAS
As recorded by the court registry
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