The High Court of Kerala dismissed an Original Petition (Criminal) filed under Article 227 of the Constitution as infructuous upon the learned counsel's submission that the petition may be closed.
The Original Petition (Criminal) dismissed as infructuous.
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
TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941
OP(Crl.).No.106 OF 2014(Q)
AGAINST THE ORDER IN CMP 6624/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS , HARIPAD
AGAINST CC 350/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS , RAMANKARI
PETITIONER:
SAJITHAKUMARI,AGED 25 YEARS D/O.GOPINATHAN PILLAI, ALEEKKALATHIL, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, KARTHIKAPPALLY.
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA- 682 031
3 THE SUB INSPECTOR OF POLICE KANAKAKUNNU POLICE STATION, KANAKAKUNNU KARTHIKAPPALLY. 690 518
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(crl)No.106/2014
2
ALEXANDER THOMAS, J.
O.P.(Crl) No. 106 of 2014
Dated this the 5th day of November, 2019
JUDGMENT
The main prayer in the above Original Petition (Criminal) filed
under Article 227 of the Constitution of India is as follows:-
“i. Quash the entire proceedings in CC No.350/2013 before the Judicial First Class Magistrate Court, Ramankari as arbitrary, illegal and without jurisdiction.”
petitioner would submit on the basis of instructions of his party that the
above Original Petition (Criminal) may be closed as infructuous.
Recording the above said submission made on behalf of the petitioner, the above Original Petition (Crl) will stand dismissed as infructuous.
Sd/-
ALEXANDER THOMAS, JUDGE.
acd
O.P.(crl)No.106/2014
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXT.P1 - TRUE COPY OF THE CMP NO.6624/2012 IN CRIME NO.503/12 OF KANAKAKUNNU POLICE STATION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I HARIPAD. EXHIBIT P2 EXT.P2 - TRUE COPY OF THE ORDER DATED 2-1-2013 IN CMP NO.6624/2012 IN CRIME NO.503/12 OF KANAKAKUNNU POLICE STATION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I HARIPAD. EXHIBIT P3 EXT.P3 - TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 EXT.P4 - TRUE COPY OF THE PETITIONER'S REPLY DATED 20-12-2012 TO EXT.P3 EXHIBIT P5 EXT.P4A - TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT TO EXT.P4 EXHIBIT P6 EXT.P5 - TRUE COPY OF THE FIR SUBMITTED IN THE COURT ON 18-1-2013
1 issue framed by the court
Whether the Original Petition (Criminal) under Article 227 of the Constitution Standing Order should be closed as infructuous.
2 provisions across 1 enactments
Sajithakumari
The State of Kerala
The Sub Inspector of Police Nedumudi
The Sub Inspector of Police Kanakakunnu
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
