This criminal miscellaneous case was challenged against an acquittal order in the trial court. The learned Public Prosecutor submitted that the case has become infructuous due to the acquittal of the accused. The high court accepted this submission and dismissed the petition.
Dismissal of the criminal miscellaneous case as infructuous.
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 BECHU KURIAN THOMAS
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944
CRL.MC NO. 998 OF 2013
CRIME NO.313/2008 OF Kaliyar Police Station, Idukki
AGAINST THE ORDER/JUDGMENTAS 31/2010 OF DISTRICT COURT & SESSIONS
COURT,THODUPUZHA
PETITIONER/S:
1 KRISHNA KUMAR @ SAJI AGED 41 YEARSS/O.MADHAVAN, THADATHIL VEEDU, PUNNAYAR KARA,-DO-BHAVAN, KANJIKUZHY VILLAGE, IDUKKI DIST2 ANEESH S/O.SOMAN, KOULANKACHAKL VEETTIL, THATTEKKALLU BHAGOM, PAZHAYARIKANDAM KARA, KANJIKUZHY VILLAGE, IDUKKI DIST3 SHINUS/O.JOSEPH, VAZHAYIL VEETTIL, PAZHAYARIKANDAM KARA, KANJIKUZY VILLAGE, IDUKKI DIST4 MANOJS/O.SASI, KINATTINKARA VEEDU, THATTEKKALLU BHAGOM, PAZHAYARIKANDAM KARA, KANJIKUTY VILLGE, IDUKKI DISTBY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SRI.P.A.ISMAIL
SRI.M.D.SASIKUMARAN
RESPONDENT/S:
1 STATE OF KERALA REP BY S I OF POLICE, KALIYAR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,2 SOUDHAAGED 45 YEARS W/O.KRISHNANKUTTY, THADATHIL VEEDU, MAMBARA BHAGOM, MULLARINGADUKARA, VATTAPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DIST--686689THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
========================
Crl.MC No.998 of 2013
Dated this the 11th day of November, 2022
ORDER
Learned Public Prosecutor upon instructions submitted that this Crl.MC challenging C.C.No.972/2008 on the files of the Judicial First Class Magistrate Court, Thodupuzha has become infructuous, since the accused was acquitted after due trial.
Accordingly, this Crl.M.C. is dismissed as infructuous.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
1 issue framed by the court
Whether the criminal miscellaneous case is maintainable after the acquittal of the accused by the trial court.
KRISHNA KUMAR @ SAJI
ANEESH
SHINU
MANOJ
STATE OF KERALA
SOUDHA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court