Allowed

Athira v. State of Kerala

Kerala HC4 Nov 2019Crl.MC/8523/2017

Case brief

AI extract

What is this about?

The Kerala High Court in Crl.M.C.Nos. 4990/2019(C) & 8523/2017 permitted petitioners to withdraw criminal petitions and filed fresh ones seeking quashment of proceedings. The Court allowed withdrawal with liberty to file fresh petitions and dismissed the current petitions.

What did the court decide?

Leave accorded to petitioners to work out remedies by filing fresh petitions; current cases dismissed as withdrawn.

Athira Vs State of Kerala — Quashing and FIR | 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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MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

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CRL.MC.NO.4990 OF 2019(C)

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CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA

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PETITIONERS/ACCUSED:

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1 JACKICHAN P.BENNY @ MATHEW P.BENNY AGED 21 YEARS, S/O. BENNY MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA.

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2 BENNY MATHEW, AGED 55 YEARS, S/O.P.K.MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM P.O., PANDALAM, PATHANAMTHITTA.

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BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.D.FEROZE, SRI.K.ANAND (A-1921)

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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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.

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2 VICTIM

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SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1.

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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:

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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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MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

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CRL.MC.NO.8523 OF 2017

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CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA

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PETITIONER/DEFACTO COMPLAINANT:

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VICTIM

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BY ADV. SRI.VINOD KUMAR.C

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RESPONDENTS/STATE/ACCUSED:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.1019/2015 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT)

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2 JACKICHAN P BENNY @ MATHEW P BENNY, AGED 21 YEARS, S/O BENNY MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM PO, PANDALAM, PATHANAMTHITTA-689516.

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3 BENNY MATHEW, AGED 55 YEARS, S/O P.K MATHEW, PUTHIYAVEETTIL, JACKPARK, MUDIYOORKONAM PO, PANDALAM, PATHANAMTHITTA-689516

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4 ST.JUDE CHARITBALE TRUST PODIMATTAM, 26TH MILE, KOTTAYAM-686001.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1. SRI.S.RAJEEV, ADVOCATE FOR R2 & R3.

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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:

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ALEXANDER THOMAS, J.

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--------------------------------------------------Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017

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Dated this the 4^th day of November, 2019

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O R D E R

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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.

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Leave is accorded to the petitioners to work out their remedies in the manner known to law.

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Further it is ordered that, the Registry will return back

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the certified copies of Anx.I FIR and Anx.II final report/charge

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Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017

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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.

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With the said liberty, the above Criminal Miscellaneous Cases will stand dismissed as withdrawn.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017

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..5..

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APPENDIX OF CRL.M.C.No.4990/2019

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PETITIONERS' EXHIBIT:

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ANNEXURE I

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CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1019/2015 REGISTERED BY PANDALAM POLICE ALONG WITH COMPLAINT FILED BY THE SECOND RESPONDENT.

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Crl.M.C. No. 4990 of 2019 & Crl.M.C. No.8523 of 2017

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..6..

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APPENDIX OF CRL.M.C.No.8523/2017

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PETITIONER'S EXHIBITS:

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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

Athira v. State of Kerala

Case brief

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What did the court decide?

Athira v. State of Kerala

Case brief

What is this about?

What did the court decide?

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