Disposed

Siby Thomas, v. State of Kerala

Kerala HC15 Sept 2020Crl.MC/2680/2020

Case brief

AI extract

What is this about?

In a Criminal Miscellaneous case under Section 482 Cr.P.C. regarding a forest offence complaint, the High Court granted the petitioner liberty to approach the trial court to advance contentions and seek discharge without quashing the proceedings, leading to the disposal of the petition.

What did the court decide?

Leave to approach the trial court to advance contentions and seek discharge at an appropriate stage granted; petition disposed of.

Siby Thomas, Vs State of Kerala — Criminal Trial and Appeal | 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 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

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Crl.MC.No.2680 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN CP 9/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I(FOREST OFFENCES),TPA

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CRIME NO.273/2019 OF MUTTOM POLICE STATION, IDUKKI , Idukki

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PETITIONER/ACCUSED:

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SIBY THOMAS AGED 35 YEARS S/O. THOMAS, AREEPLACKAL HOUSE, ELLUMPURAM KARA, MUTTOM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & COMPLAINANT :

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1 STATE OF KERALA

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

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2 STATION HOUSE OFFICER,

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MUTTOM POLICE STATION, IDUKKI DISTRICT-685 587

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3 VICTIM X

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BY ADV.

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R3 BY ADV. SMT.V.H.JASMINE R3 BY ADV. SMT.RAHMATH C.A. SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2680 OF 2020(D)

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ALEXANDER THOMAS, J.

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Crl.M.C.No.2680 of 2020

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Dated this the 15^th day of September, 2020

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ORDER

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The prayers in the above Criminal Miscellaneous Case filed under Section 482 of the Cr.P.C. are as follows:

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“...to call for the records relating to final report in C.P.No.9/2020 on the file of JFMC-I, Thodupuzha arising from Crime No.273/2019 of Muttom Police Station and quash the same by exercising the powers under Section 482 of Cr.P.C, in the interest of justice.”

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Sri. Latheesh Sebastian, learned counsel appearing for the petitioner/accused would submit based on instructions that leave may be granted to the petitioner to approach the trial court concerned to advance all his contentions and options including the statutory right to seek discharge at the appropriate stage. The respondents cannot have any serious objections to said cause of action suggested by the petitioner.

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Accordingly, leave is accorded to the petitioner to work out his remedies in the manner of law. Leave is accorded to the petitioner to advance all his contentions at the time of trial before the trial court in an appropriate manner and liberty is also accorded to the petitioner to seek discharge at the appropriate stage, at any rate,

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Crl.MC.No.2680 OF 2020(D)

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before the framing of charges by the competent court concerned.

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With the said liberty, the above Criminal Miscellaneous Case

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will stand disposed of.

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Sd/ALEXANDER THOMAS JUDGE

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SCS

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Crl.MC.No.2680 OF 2020(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1	COPY OF THE FIR I MUTTOM POLICE STA	N CRIME NO.273/2019 OF TION
ANNEXURE-A1(A)	CERTIFIED COPY OF STATEMENT OF THE	THE ADDITIONAL 3RD RESPONDENT
ANNEXURE-A1(B)	CERTIFIED COPY OF STATEMENT OF THE	THE ADDITIONAL 3RD RESPONDENT
ANNEXURE-A2	TRUE COPY OF THE	MONEY LENDING LICENSE
ANNEXURE-A3	TRUE COPY OF THE 12.8.16	LAWYER NOTICE DATED
ANNEXURE-A4	TRUE COPY OF THE AGREEMENT BETWEEN THE 3RD RESPONDEN	MEMORANDUM OF THE PETITIONER AND T DATED 23.6.17
ANNEXURE-A5	TRUE COPY OF THE HON'BLE COURT IN DATED 04.07.2018	JUDGMENT OF THIS O.P(CRL) NO.326/2018
ANNEXURE-A6	TRUE COPY OF THE COURT IN O.P(CRL) 08.1.2019	ORDER OF THIS HON'BLE NO.326/2018 DATED
ANNEXURE-A7	TRUE COPY OF THE PETITIONER IN ST JUDICIAL MAGISTRA	COMPLAINT OF THE NO.309/2019 OF CHIEF TE COURT, THODUPUZHA
ANNEXURE-A8	TRUE COPY OF THE HON'BLE CJM COURT S.T.NO.309 OF 201	NOTICE ISSUED FROM , THODUPUZHA IN 9
ANNEXURE-A9	TRUE COPY OF THE PETITIONER IN S.T HON'BLE CJM COURT	EVIDENCE OF THE .NO.309 OF 2019 , THODUPUZHA
ANNEXURE-A10	TRUE COPY OF THE THE DEFACTO COMPL	LOAN APPLICATION OF AINANT DATED 8.5.19
ANNEXURE-A11	TRUE COPY OF THE PETITIONER	LAWYER NOTICE OF THE

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Crl.MC.No.2680 OF 2020(D)

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ANNEXURE-A12 TRUE COPY OF THE ACKNOWLEDGMENT CARD ANNEXURE-A13 TRUE COPY OF THE REPLY TO ANNEXURE A11 NOTICE ANNEXURE-A14 TRUE COPY OF THE COMPLAINT OF THE PETITIONER ANNEXURE-A15 TRUE COPY OF THE RECEIPT ISSUED BY THE STATION HOUSE OFFICER, THODUPUZHA POLICE STATION ANNEXURE-A16 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 273/2019 OF MUTTOM POLICE STATION ALONG WITH THE STATEMENTS OF THE RELEVANT WITNESS

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//TRUE COPY// PA TO JUDGE

Siby Thomas, v. State of Kerala

Case brief

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Siby Thomas, v. State of Kerala

Case brief

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What did the court decide?

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