Criminal Miscellaneous appeal dismissed because the petitioner is absconding. He is granted liberty to file a fresh petition after surrendering and obtaining bail. No substantive relief granted.
Liberty to petitioner to file a fresh petition after surrendering and obtaining bail.
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Crl.M.C. No. 2625 of 2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
Crl.MC.No.2625 OF 2015(D)
AGAINST THE ORDER/JUDGMENT IN SC 350/2009 OF ADDITIONAL DISTRICT COURT (ADHOC-III), KASARAGODE
AGAINST THE ORDER/JUDGMENT IN CP 52/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
CRIME NO.430/2008 OF Bekal Police Station , Kasargod
PETITIONER/S:
MUKESH A. AGED 27 YEARS S/O GOPALAN, KANDAN VEEDU, THACHANGAD, PANAYAL VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, BHEKAL POLICE STATION.
OTHER PRESENT:
SR. GP-SRI.CHANDRASENAN D.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 2625 of 2015
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P.V.KUNHIKRISHNAN, J
---------------------------------Crl.M.C. No. 2625 of 2015
Dated this the 2nd day of February, 2021
O R D E R
This Criminal Miscellaneous case is filed to quash the entire proceedings in LP No.28/2012 pending before the Additional District & Sessions Adhoc-II, Kasaragod against the petitioner. Admittedly, the above case is pending in the long pending register. The petitioner has not appeared before the lower court. This petition is filed to quash the proceedings in the light of the fact that the co-accused were already acquitted. The petitioner is relying the judgment of this Court in Moosa v. Sub- Inspector of Police [2006 (1) KLT 552].
Crl.M.C. No. 2625 of 2015
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Therefore, this Criminal Miscellaneous case is dismissed with liberty to the petitioner to file a fresh petition, after surrendering before the court concerned and after obtaining bail. All contentions raised in this Criminal Miscellaneous case are left
open.
Sd/- P.V.KUNHIKRISHNAN JUDGE
SKS
Crl.M.C. No. 2625 of 2015
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.430/2008 OF BEKAL POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT OF THE S.C.350/2008 ON THE FILE OF COURT OF ADDITIONA, DISTRICT & SESSIONS AD HOC-III, KASARAGOD.
Mukesh A.
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
