Dismissed

Antony v. State of Kerala

Kerala HC8 Sept 2020Crl.MC/1525/2015

Case brief

AI extract

What is this about?

The High Court disposed of a petition seeking quashing of an FIR. The State Prosecutor submitted that the case was transferred to the CBI and the petitioner failed to implead them. The Court recorded this submission and allowed liberty to pursue other remedies before disposing of the case.

What did the court decide?

Liberty accorded to petitioner to workout remedies known to law; case disposed of on receipt of State's submissions regarding CBI transfer.

Antony Vs State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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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 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

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CRL.MC.NO.1525 OF 2015

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MP 1429/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, KOCHI CRIME NO.681/CR/HHW-II/EKM/11 OF CRIME BRANCH, ERNAKULAM

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PETITIONER/ACCUSED:

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ANTONY, AGED 45 YEARS, S/O.ANTONY, VALIYAPARAMBIL VEEDU, CHIRAKKAL, PALLURUTHY, ERNAKULAM DISTRICT.

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BY ADVS. SRI.MATHAI EAPPEN VETTATH SRI.VETTATH EAPEN MATHAI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SRI.B.JAYASURYA, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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Crl.M.C. No. 1525 of 2015

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Dated this the 8^th day of September, 2020

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O R D E R

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The prayer in the above Criminal Miscellaneous Case filed on 9.3.2015 are as follows:

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“..........to quash Annexure 8 FIR of Palluruthy Police Station renumbered as Crime No.681/CR/HHW-II/EKM/11 by the Crime Branch Ernakulam and all further proceedings pursuant thereto, as an abuse of process of the court to secure the ends of justice.”

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Though this case has come up for admission as early as on 10.3.2015 and subsequently on 16.3.2015 & 17.3.2015, this Court has not passed any orders in this case and the case has been adjourned at the request of the counsel for the petitioner. Today when the matter has been taken up for consideration, Sri.B.Jayasurya, learned Prosecutor appearing for the respondent State would submit on the basis of instructions that the impugned Crime No.505/2011 of Palluruthy Police Station, Ernakulam was initially transferred to the Crime Branch of the State Police wherein it has been renumbered as Crime No.681/Cr/ HHWII/EKM/11 . Further that, on the basis of request made by the father of the missing lady (who is the wife of the present

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Crl.M.C. No. 1525 of 2015

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petitioner), the case was subsequently transferred to CBI. Further that, the petitioner has not apprised subsequent developments in this case and has not impleaded the CBI, and that the prayers in the above Criminal Miscellaneous Case are therefore not maintainable in view of the abovesaid subsequent developments.

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Liberty is accorded to the petitioner to workout his remedies in the manner known to law. Recording the abovesaid submissions made by the respondent State and with the abovesaid liberty, the above Criminal Miscellaneous Case will stand disposed of.

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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. 1525 of 2015

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..4..

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE COMPLAINT DATED 04/09/2005 LODGED BY THE PETITIONER BEFORE CONSULATE GEERAL OF DUBAI.

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ANNEXURE 2 TRUE COPY F THE REQUEST LETTER DATED 05/09/2005 BEFORE THE COMMANDER INCHIEF, DUBAI POLICE.

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ANNEXURE 3 TRUE COPY OF THE COMPLAINT DATED 20/09/2005 OF THE PETITIONER'S FATHER ADDRESSED TO HON.PRIME MINISTER OF INDIA.

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ANNEXURE 4 TRUE COPY OF THE LETTER FROM THE GENERAL MANAGER OF DULSCO COMPANY DATED 26/12/2005.

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ANNEXURE 5 TRUE COPY OF TE LETTER FROM CONSULATE GENERAL OF POLICE, DUBAI, U.S.E (UNITED ARAB EMIRATES) DATED 29/12/2005 TO PRINCIPAL SECRETARY TO NON RESIDENT KERALITES AFFAIRS DEPARTMENT.

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ANNEXURE 6 TRUE COPY OF THE LETTER DATED 17/01/2006 FROM THE PRINCIPAL SECRETARY OF NON RESIDENT KERALITES AFFAIRS DEPARTMENT.

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ANNEXURE 7 TRUE COPY F THE COMPLAINT DATED 26/03/2006 BY THE PETITIONER TO THE INDIAN AMBASSY OF ABU DHABI.

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ANNEXURE 8 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 17/03/2011 ALLEGING OFFENCE ONLY UNDER SECTION 365 INDIAN PENAL CODE.

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Crl.M.C. No. 1525 of 2015

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..5..

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ANNEXURE 8A TRUE COPY OF THE REMAND REPORT DATED 10/02/2015 SUBMITTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH TO THE JUDICIAL MAGISTRATE COURT NO. 11, KOCHI. ANNEXURE 9 TRUE COPY OF THE ORDER IN MP.NO. 1429/2011 IN CRIME NO. 505/2011 DATED 05/04/2011. ANNEXURE 10 TRUE COPY OF THE ORDER DATED 07/05/2011 IN M.P.NO. 1753/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII. ANNEXURE 11 TRUE COPY OF THE COUNTER AFFIDAVIT OF THE SECRETARY OF MINISTRY OF EXTERNAL AFFAIRS DATED 30/08/2007. ANNEXURE 12 TRUE COPY OF THE STATEMENT FILED BY THE CIRCLE INSPECTOR OF POLICE DATED 31/05/2006. ANNEXURE 13 TRUE COPY OF THE JUDGMENT DATED 19/12/2008 IN WPC.NO. 4975/2006. ANNEXURE 14 TRUE COPY OF THE LETTER DATED 07/08/2007 ISSUED FROM THE CONSULTATE GENERAL OF INDIA DUBAI TO OFFICE OF MINISTRY OF FOREIGN AFFAIRS DUBAI. ANNEXURE 15 TRUE COPY OF THE REPRESENTATION DATED 02/03/2015 BEFORE THE HON'BLE CHIEF MINISTER OF KERALA ANNEXURE 16 TRUE COPY OF THE RECEIPT DATED 02/03/2015 OF THE ANNEXURE 15 FORWARDED TO ADDITIONAL CHIEF SECRETARY, HOME.

Antony v. State of Kerala

Case brief

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What did the court decide?

Antony v. State of Kerala

Case brief

What is this about?

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