Dismissed

Nithin v. State of Kerala

Kerala HC6 Jan 2021Crl.MC/5222/2020

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 482 Cr.P.C. filed by an accused seeking release of a passport retained by the Magistrate. The Court held the remedy lay elsewhere and that the Section 482 Cr.P.C. was inapplicable, emphasizing the duty to exhaust proper remedies before approaching the High Court.

What did the court decide?

The criminal miscellaneous case was dismissed; Annexure A3 to be returned to counsel.

Nithin Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 P.SOMARAJAN

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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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Crl.MC.No.5222 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CMP 2067/2020 DATED 06-11-2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR

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CRIME NO.515/2018 OF PARAVOOR POLICE STATION, KOLLAM

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PETITIONER/PETITIONER/6TH ACCUSED:

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NITHIN, AGED 35 YEARS, S/O. ANTONY, MERIN VILLA, MOOTHAKARA, SNEHA NAGAR 32, KACHERI P.O, KOLLAM DISTRICT.

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BY ADV. SRI.N.SUNIL JOSEPH

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 THE STATION HOUSE OFFICER, PARAVUR POLICE STATION, PARAVUR P.O,KOLLAM DISTRICT.

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PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5222 OF 2020(C) 2

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ORDER

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The accused No.6 who was enlarged on bail by imposing conditions including surrender of the passport came up before this court, aggrieved by an order by the learned Magistrate refusing to release the passport, so as to enable him to leave the state. It will not come under the purview of Section 482 Cr.P.C.. The remedy lies somewhere else. Instead of exhausting the remedy available to the party, the petitioner came up with an application under Section 482 Cr.P.C. Without prejudice to the right of parties to exhaust the proper remedy as per the lux fori and lux loci, the Crl.M.C. is dismissed. Return the certified copy of Annexure A3 to the concerned counsel on proper application forthwith.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.5222 OF 2020(C) 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE ORDER DATED 15.07.2020 IN B.A. NO. 4053/2020 OF THIS HON'BLE COURT. ANNEXURE A2 TRUE COPY OF THE C.M.P NO. 2067/2020 ON THE FILES OF THE HON'BLE JFCM (TEMPORARY), SOUTH PARAVUR, KOLLAM. ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED 06.11.2020 IN C.M.P.NO. 2067/2020 OF THE HON'BLE JFCM (TEMPORARY), SOUTH PARAVUR, KOLLAM.

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//TRUE COPY//

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P.A. TO JUDGE

Nithin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nithin v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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