Dismissed

Shajahan @ Ashraf v. State of Kerala

Kerala HC3 Oct 2019Crl.MC/6412/2019

Case brief

AI extract

What is this about?

The Court granted permission to the petitioners to withdraw the Criminal Misc. Case without prejudice, reserving the right to approach the High Court again if a final charge sheet is filed under Section 173(2) CrPC, citing inherent powers under Section 482 CrPC.

What did the court decide?

Permission to withdraw the Crl.M.C permitted; dismissal noted as withdrawn but without prejudice to future approach under Sec.482 Cr.P.C.

Shajahan @ Ashraf Vs State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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CRL M.C 6412 OF 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 A.M.BABU

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THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

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Crl.MC.No.6412 OF 2019(B)

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CRIME NO.327/2019 OF Pathanamthitta Police Station , Pathanamthitta

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PETITIONER/S:

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1 SHAJAHAN @ ASHRAF AGED 45 YEARS S/O SHAHUL HAMEED, KOOTHADI PARAMBIL, NARANGANAM NORTH, KATTOOR-PETTAH, CHERUKOL VILLAGE, PATHANAMTHITTA DISTRICT - 689 642

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2 NOUSHAD P. S AGED 51 YEARS S/O SHAHUL HAMEED, POOVANNAMTHADATHIL, ELANTHOOR EAST, VARIYAPURAM, ELANTHOOR VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT - 686 643

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.AJAY JAYACHANDRAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031

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2 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT - 689 645

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3 V.K. BALAN AGED 42 YEARS S/O KOCHURAMAN, KALATHIVILAYIL VEEDU, SREECHITHIRA HARIJAN COLONY, KOTTATHATTI, VARIYAPURAM, ELANTHOOR EAST MURI, PATHANAMTHITTA DISTRICT -689 643

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL M.C 6412 OF 2019

ORDER

The learned counsel for the petitioners seeks permission to withdraw the Crl M.C without prejudice to the right to file a fresh one at the appropriate time in the event of a positive report being filed under Sec.173(2) of Cr.P.C. The permission sought for is granted. The Crl M.C is therefore dismissed as withdrawn. Its dismissal will not preclude the petitioners from approaching this court under Sec.482 of Cr.P.C at the appropriate time in the event of a report under Sec.173 (2) of Cr.P.C is filed against them.

Sd/-

A.M.BABU

SKS/3.10.2019

JUDGE

CRL M.C 6412 OF 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	THE CERTIFIED COPY OF THE FIR IN CRIME NO.327/2019 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT
ANNEXURE A2	TRUE COPY OF THE COMPLAINT DATED 28.10.2016 PREFERRED BY THE SON OF PETITIONERS' UNCLE, MR. NAHAS TO THE INSPECTOR OF POLICE, PATHANAMTHITTA
ANNEXURE A3	THE TRUE COPY OF THE COMPLAINT DATED 14.11.2016 PREFERRED BY MR. MUHAMMED BASHEER TO SECRETARY, ELANTHOOR GRAMA PANCHAYAT ALONG WITH THE RECEIPT
ANNEXURE A4	THE TRUE COPY OF THE AGREEMENT DATED 07.11.2016 ENTERED BETWEEN THE 3RD RESPONDENT/DE-FACTO COMPLAINANT HEREIN AND THE SON OF PETITIONERS' UNCLE, MR. NAHAS
ANNEXURE A5	THE TRUE COPY OF THE PLAINT IN O.S.NO.528/2016 ON THE FILES OF MUNSIFF'S COURT, PATHANAMTHITTA
ANNEXURE A6	THE TRUE COPY OF THE CRL.M.P.NO. 2106/2017 FILED BY MRS. SHABANA BEEGUM, THE DAUGHTER OF PETITIONERS' UNCLE, BEFORE JFMC-1, PATHANAMTHITTA
ANNEXURE A7	THE TRUE COPY OF THE FIR IN CRIME NO.1871/2017 OF PATHANAMTHITTA POLICE STATION
ANNEXURE A8	THE TRUE COPY OF THE FIR IN CRIME NO. 1883/2017 OF PATHANAMTHITTA POLICE STATION
ANNEXURE A9	THE TRUE COPY OF THE ORDER DATED 13.06.2018 OF SESSIONS COURT, PATHANAMTHITTA IN CRL.M.P. NO. 2182/2018
ANNEXURE A10	THE TRUE COPY OF THE ORDER DATED 13.06.2018 OF SESSIONS COURT, PATHANAMTHITTA IN CRL.M.P. NO. 2180/2018
ANNEXURE A11	THE TRUE COPY OF THE ORDER DATED 24.08.2019 IN CRL.M.P. NO. 3842/2019 OF LEARNED SESSIONS COURT,PATHANAMTHIITA

Shajahan @ Ashraf v. State of Kerala

Case brief

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Shajahan @ Ashraf v. State of Kerala

Case brief

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