Petitioner (2nd accused) sought to withdraw criminal miscellaneous case without prejudice to filing fresh one; court granted permission and dismissed the case.
Permission granted to withdraw the criminal miscellaneous case. Crl. M.C. dismissed.
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
MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942
Crl.MC.No.951 OF 2019(H)
CRIME NO.2947/2018 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA
PETITIONER/2ND ACCUSED:
JACOB MATHEW, AGED 64 YEARS S/O.M.JACOB, RESIDING AT MULAKKELATHU HOUSE, MAKKAMKUNNU, PATHANAMTHITTA P.O., PATHANAMTHITTA689645.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENTS/STATE AND THE DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2 JOLYMON, AGED 51 YEARS S/O.K.M.ABRAHAM, KALAYIL HOUSE, MALAYALAPUZHA, PATHANAMTHITTA DISTRICT-689664.
R1 BY ADV. SRI.E.C.BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.MANU RAMACHANDRAN R2 BY ADV. SRI.M.KIRANLAL R2 BY ADV. SRI.T.S.SARATH R2 BY ADV. SRI.R.RAJESH (VARKALA)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.951 OF 2019(H)
2
ORDER
The learned counsel for the petitioner fairly submitted that, he is not pressing the Crl.M.C. and sought permission to withdraw the same, without prejudice to the right of filing a fresh one. Hence permission is granted.
The Crl.M.C is dismissed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.951 OF 2019(H)
3
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE 1 COPY OF FIR NO.2947 IN CRIME NO.2947/2018. ANNEXURE 2 COPY OF AGREEMENT (LAND OWNERS AGREEMENT) DATED 09.05.2013. ANNEXURE 3 COPY OF THE BUILDING PERMIT DATED 29.08.2013. ANNEXURE 4 COPY OF AGREEMENT (LAND OWNERS AGREEMENT) DATED 10.09.2013. ANNEXURE 5 COPY OF LAWYER NOTICE DATED 22.12.2014. ANNEXURE 6 COPY OF COUNTER AFFIDAVIT (WITHOUT EXHIBITS) FILED IN ARBITRATION REQUEST NO.67/18. ANNEXURE 7 COPY OF ORDER DATED 05.11.2018 PASSED BY THIS HON'BLE COURT IN ARBITRATION REQUEST NO.67/18. ANNEXURE 8 COPY OF COMMUNICATION NO.BA-199/13-14 DATED 07.11.2017 ISSUED BY PATHANAMTHITTA MUNICIPALITY. ANNEXURE 9 COPY OF REPRESENTATION DATED 21.05.2018 SUBMITTED BY THE PETITIONER BEFORE PATHANAMTHITTA MUNICIPALITY. ANNEXURE 10 COPY OF JUDGMENT DATED 28.05.2018 PASSED BY THIS HON'BLE COURT IN W.P. (C)NO.17270/18. ANNEXURE 11 COPY OF NOTICE DATED 13.06.2018 ISSUED BY PATHANAMTHITTA MUNICIPALITY. ANNEXURE 12 COPY OF MEMORANDUM OF APPEAL NO.620/18. ANNEXURE 13 COPY OF REPRESENTATION DATED 30.08.2018 SUBMITTED BY THE PETITIONER.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
JACOB MATHEW
JOLYMON
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
