The High Court of Kerala allowed the petitioner's request to withdraw a Criminal Miscellaneous Case. The petition was disputedant without prejudice, exercising its right to pursue remedies under Section 439(1)(b) of Cr.P.C.
Licence to withdraw the Crl.M.C. Dismissal of Crl.MC. without prejudice to the right of petitioner under Section 439(1)(b) Cr.P.C.
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 P.SOMARAJAN
FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942
Crl.MC.No.4698 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CRMC 190/2020 DATED 08-10-2020 OF DISTRICT COURT& SESSIONS COURT,MANJERI
CRIME NO.251/2019 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM
PETITIONER/DEFACTO COMPLAINANT:
DR.T.K.SALAHUDDEEN, AGED 54 YEARS, S/O.ABDUL KHADER, EYE VIEW PURANGU P.O., MARANCHERI VILLAGE, MALAPPURAM, PIN-679584.
BY ADVS. SRI.NOUSHAD THOTTATHIL SRI.NOORJI NOUSHAD SHRI.ANEES BABU C. SHRI.ABDUL JABBAR K.P
RESPONDENTS/COMPLAINANT/ACCUSED:
1 STATE OF KERALA REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM P.O., MALAPPURAM DISTRICT - 679584
3 FAISAL E.T., S/O.ABDULLA, EDATHUMTHAZHA HOUSE, KAYANA BAZAR P.O., KAYANA AMSOM, KOZHIKODE, PIN-673525.
R3 BY ADV. SRI.THOMAS JOHN AMBOOKEN R3 BY ADV. SRI.B.SAJEEV KUMAR R3 BY ADV. SMT.BLOSSOM MATHEW
GOVERNMENT PLEADER SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4698 OF 2020(F) 2
ORDER
When the matter came up for hearing the learned counsel for the petitioner fairly submitted that she may be permitted to withdraw the Crl.M.C. Permission granted accordingly. Crl.M.C. is dismissed as withdrawn, without prejudice to the right of petitioner to exhaust the remedy, if any, available under Section 439(1)(b) Cr.P.C.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.4698 OF 2020(F) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE F.I.R. REGISTERED IN CRIME NO.251/2019 OF CHANGARAMKULAM POLICE STATION AGAINST THE 3RD RESPONDENT. |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE ORDER DATED 20.3.2020 PASSED BY THE HON'BLE SESSIONS COURT MANJERI IN CRL.M.C.NO.190/2020 GRANTING ANTICIPATORY BAIL TO THE 3RD RESPONDENT. |
| ANNEXURE A3 | TRUE COPY OF THE ORDER DATED 8.10.2020 IN C.M.P.NO.1147/2020 PASSED BY THE HON'BLE SESSIONS COURT MANJERI ORDERING TO RELEASE PASSPORT OF THE ACCUSED AND PERMITTED HIM TO GO ABROAD. |
| ANNEXURE A4 | TRUE COPY OF THE JUDGMENT PASSED BY THE II ADDITIONAL SPECIAL JUDGE FOR C.B.I.CASES, VISHAKAPATNAM IN C.C.NO.55/2010 DATED 10.12.2019 CONVICTING THE 3RD RESPONDENT. |
| ANNEXURE A5 | TRUE COPY OF THE F.I.R. REGISTERED IN CRIME NO.559/2020 OF PONNANI POLICE STATION AGAINST THE 3RD RESPONDENT. |
| ANNEXURE A6 | A TRUE COPY OF THE INDIAN PASSPORT BEARING NO.Z3684008 OF THE 3RD RESPONDENT. |
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the Criminal Miscellaneous Case filed by the petitioner as de facto complainant may be withdrawn and permitted to resume other remedies.
1 provisions across 1 enactments
DR.T.K.SALAHUDDEEN
STATE OF KERALA
FAISAL E.T.
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
