Disposed

C. Surendranath v. State of Kerala

Kerala HC1 Feb 2022Crl.MC/772/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal miscellaneous petition seeking quashing of an FIR. The court recorded the submission that the investigation was completed, a final report was filed, and the case was cognized as a complaint case (C.C.). The petitioner sought to withdraw the petition without prejudice to future challenges. The court granted permission to withdraw.

What did the court decide?

Permission granted to withdraw the criminal miscellaneous case without prejudice to the right to challenge the final report or FIR later.

C. Surendranath Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2022)

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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 SUNIL THOMAS

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TUESDAY, THE 1^ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943

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CRL.MC NO. 772 OF 2021

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(TO QUASH THE FIR AND ALL FUTHER PROCEEDINGS IN V.C.NO.1/2015 ON THE FILES OF THE VIGILANCE & ANTI-CORRUPTION BUREAU, KASARAGOD AS AGAINST THE PETITIONERS/1ST AND 2ND ACCUSED)

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PETITIONERS/1ST AND 2N ACCUSED:

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1 C. SURENDRANATH AGED 54 YEARS S/O. K. CHINNAPPAN, KARTHIKA BHAVAN, PADINJATTIL LANE, KUMARAPURAM, MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM - 11,(WORKING AS PURSER, VIZHINJAM PORT, THIRUVANANTHAPURAM)

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2 HARI ACHUTHA VARRIER AGED 52 YEARS S/O. P. ACHUTHA VARRIER, 'ASHOKAM', KALADY P. O., MALAPPURAM DISTRICT, PIN - 679582. (WORKING AS PORT OFFICER, NEENDAKARA, KOLLAM).

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BY ADVS. T.A.SHAJI (SR.) SRI.ATHUL SHAJI SHRI.ANWIN JOHN ANTONY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, KASARAGOD).

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*2 K.C.MOHANAN AGE UNKNOWN,S/O. AMBU, KODAKUZHI HOUSE, KUTTIKOL, KASARGOD DISTRICT, PIN:671541

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*IS IMPLEADED AS ADDITIONAL RESPONDENT NO.2 IN

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CRL.MC NO. 772 OF 2021

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CRL.M.C.772/2021 AS PER ORDER DATED 28.10.2021 IN CRL.M.A.2/2021 IN CRL.M.C.772/2021

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BY ADV. REKHA S., SENIOR GOVERNMENT PLEADER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 772 OF 2021

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ORDER

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Dated this the 01^st day of February, 2022

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No appearance for the second respondent. The

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learned Government Pleader submitted that after completion of investigation, final report was filed before the court below on 18.04.2021 and the case has been taken up on file as C.C. No.12/2021. This is recorded.

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In the light of the above submission, learned Counsel for the petitioner sought permission to withdraw the Crl.M.C. without prejudice to his right to challenge the final report as well as F.I.R., if so advised.

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The Crl.M.C. is closed accordingly reserving the

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right of the petitioner, as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/1-2

CRL.MC NO. 772 OF 2021

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APPENDIX OF CRL.MC 772/2021

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PETITIONERS ANNEXURES:

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ANNEXURE I	TRUE COPY OF THE FIR IN V.C.NO.01/2015 ON THE FILE OF VACB, KASARGOD DATED 05.01.2015.
ANNEXURE II	TRUE COPY OF G.O.(MS) 17/2010/F&PD DATED 18.03.2010.
ANNEXURE III	TRUE COPY OF G.O.(MS) 29/2012/F&PD DATED 13.04.2012.
ANNEXURE IV	TRUE COPY OF THE MINUTES OF THE TENDER OPENING MEETING HELD ON 03.09.2013.
ANNEXURE V	TRUE COPY OF THE BYE-LAWS OF KASARAGOD TALUK POOZHI THOZHILALI KSHEMA SAHAKARANA SANGHAM.
ANNEXURE VI	TRUE COPY OF THE BYE-LAWS OF HOLLOW BRICKS NIRMANA VYAVASAYA KSHEMA SAHAKARAN SANGAM.
ANNEXURE VII	TRUE COPY OF THE BYE-LAWS OF PORT MANUAL
	DREDGING WORKERS KSHEMA SAHAKARAN SANGAM.
RESPONDENTS'	EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

C. Surendranath v. State of Kerala

Case brief

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C. Surendranath v. State of Kerala

Case brief

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