Allowed

Vinod.v. v. the State of Kerala

Kerala HC24 Sept 2019Crl.MC/5121/2019

Case brief

AI extract

What is this about?

The court allowed petitioners to withdraw a contempt petition and a criminal miscellaneous case with liberty to file a fresh comprehensive petition under Section 482 Cr.P.C. to challenge the final report, to which the public prosecutor had no objection.

What did the court decide?

Leave granted to withdraw petitions with liberty to file a fresh comprehensive Criminal Miscellaneous Case under Section 482 of Cr.P.C. to challenge the final report.

Vinod.v. Vs the State of Kerala — Civil Procedure and Limitation | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941

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CON.CASE(C). NO.1819/2019 IN CRL.MC. NO. 5121/2019

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AGAINST THE ORDER IN CRL.M.C.NO.5121/2019 OF HIGH COURT OF KERALA

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PETITIONERS/PETITIONERS IN THE CRL.M.C.:

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1 VINOD V., AGED 39 YEARS, S/O.PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND P.O., KAKKAYAM, MUKKOM, KOZHIKODE, PIN - 673 615.

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2 AMMINI, AGED 58 YEARS, W/O.PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND P.O., KAKKAYAM, MUKKOM, KOZHIKODE, PIN - 673 615.

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3 MANOJ, AGED 36 YEARS, S/O.PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND P.O., KAKKAYAM, MUKKOM, KOZHIKODE, PIN - 673 615.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENT/2ND RESPONDENT AGAINST WHOM THE CONTEMPT IS ALLEGED:

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V.T.VIJAYAN, THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DISTRICT - 673 602.

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2019, ALONG WITH CRL.MC.NO.5121/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941

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CRL.MC.NO.5121 OF 2019(A)

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CRIME NO.310/2019 OF MUKKOM POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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1 VINOD V., AGED 39 YEARS, S/O. PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND P.O, KAKKAYAM, MUKKOM, KOZHIKODE, PIN 673 615.

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2 AMMINI, AGED 58 YEARS, W/O. PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND KAKKAYAM, MUKKOM, KOZHIKODE, PIN 673 615.

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3 MANOJ, AGED 36 YEARS, S/O. PADMANABHAN, VILAYIL HOUSE, KALLANOD DESOM AND P.O, KAKKAYAM, MUKKOM, KOZHIKODE, PIN 673 615.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1 THE STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031.

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2 THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DISTRICT, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031.

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3 SHALI, W/O. VINOD V., AGED 34 YEARS, VILAYIL HOUSE, KALLANOD, KAKKAYAM,

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MUKKOM, KOZHIKODE, NOW RESIDING AT PARAKKAL HOUSE, KUMARANELLOOR, MUKKOM DESOM, KUMARANELLOOR P.O, KOZHIKODE, PIN 673 602.

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SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 & R2 ADVS. SRI.JACOB E SIMON & SRI.K.R.PRATHISH FOR R3.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.09.2019, ALONG WITH CON.CASE(C).NO.1819/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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Cont.Case (C) No. 1819 of 2019 & Crl.M.C. No. 5121 of 2019

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Dated this the 24^th day of September, 2019

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O R D E R

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Sri.Rajesh Chakyat, learned counsel appearing for the petitioners would submit on the basis of instructions of his parties that, leave may be granted to the petitioners to withdraw both these petitions with liberty to file a fresh and comprehensive Criminal Miscellaneous Case under Sec.482 of the Cr.P.C., so as to challenge the final report/charge sheet filed in the instant Crime No.310/2019 of Mukkom Police Station.

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Learned Prosecutor has no objection to the said course

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of action.

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Liberty is accorded to the petitioners to work out their

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remedies in the manner known to law.

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With the said liberty, both the abovesaid petitions will stand dismissed as withdrawn.

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Sd/-

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MMG

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ALEXANDER THOMAS, JUDGE

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Cont.Case (C) No. 1819 of 2019 & Crl.M.C. No. 5121 of 2019

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-4-

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APPENDIX OF CON.CASE(C). NO.1819/2019

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE ORDER DATED 23/07/2019 IN CRL.M.P.NO.1/2019 IN CRL.MC.NO.5121/2019.

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ANNEXURE 2 TRUE COPIES OF THE SUMMONS ISSUED TO THE PETITIONERS.

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ANNEXURE 3 TRUE COPIES OF THOSE STATEMENTS FILED IN THE FINAL REPORT IN CRIME NO.310/2019 OF MUKKOM POLICE STATION.

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APPENDIX OF CRL.M.C.NO. 5121/2019

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PETITIONERS' EXHIBITS:

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ANNEXURE 1 A TRUE COPY OF THE F.I.,R IN CRIME NO. 310/2019 OF MUKKOM POLICE STATION.

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ANNEXURE 2 A TRUE COPY OF THE ORDER IN O.P NO. 930/2014 DATED 11-02-2015 ON THE FILE OF FAMIL COURT, KOZHIKODE

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ANNEXURE 3 A TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER AND ITS RECEIPTS DATED 19-10-2018

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ANNEXURE 4 A TRUE COPY OF THE COMPLAINT FILED BY THE FATHER OF THE 3RD RESPONDENT AND ITS RECEIPTS DATED 19-10-2018

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ANNEXURE 5 A TRUE COPY OF THE FIR AND FIRST INFORMATION STATEMENT IN CRIME NO. 760/2018 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE.

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ANNEXURE 6 A TRUE COPY OF THE COMPLAINT BY THE 1ST PETITIONER DATED 02-05-2019

Vinod.v. v. the State of Kerala

Case brief

What is this about?

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Vinod.v. v. the State of Kerala

Case brief

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