On admission, the High Court dismissed a criminal miscellaneous case when the petitioner sought permission to withdraw the petition, reserving liberty to file a fresh one if circumstances arise, noting specific IPC 307 allegations.
Permission granted to withdraw the Crl.M.C. with liberty to file a fresh one.
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
WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945
CRL.MC NO. 1647 OF 2023
PETITIONERS/ACCUSED NO.1 TO 4:
1AKHIL
AGED 27 YEARS
SON OF SASI, VATHAPILLY HOUSE,NEAR EZHAMTHARA
KAVU,VENDUVAZHY KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM
DISTRICT, PIN - 686666
2SHINTO
AGED 34 YEARS
SON OF THOMAS, PINDYKANAYIL HOUSE, MOSCOPADY BAGOM,
VENDUVAZ KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM
DISTRICT,, PIN - 686666
3SURESH
AGED 34 YEARS
SON OF KUMARAN, PUTHENPURA HOUSE, RATIONKADA BAGOM,
ERAMALLOOR KARA, ERAMALLOOR VILLAGE, ALAPPUZHA
DISTRICT, PIN - 688537
4AKHIL
AGED 26 YEARS
SON OF RAJU, ARACKAPUTHENPURA HOUSE, VILAYAL BAGOM,
MATHIRAPILLY KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM
DISTRICT, PIN - 686666
BY ADVS.
PEEYUS A.KOTTAM
RAGESH CHAND R.G.
RESPONDENTS/STATE DEFACTO COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 6820312 STATION HOUSE OFFICER KOTHAMANGALAM POLICE STATION KOTHAMANMGALAM, PIN - 6866663 DEEPU SON OF SUBRAHMANYAN K.K, KOLLAMMAVUDI HOUSE, PANDIMANA KARA, PINDIMANA VILLAGE, ERNAKULAM DISTRICT, PIN - 6866924BAVAS K.H
SON OF HASSAN K.M, KUNJATTU HOUSE, PALLARIMANGALAM
KARA, PALLARIMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN - 686671
CRL.MC NO. 1647 OF 2023
2
5 SUDHEESH SON OF SUBRAHMANYAN, KOLLAMMAVUDI HOUSE, PINDIMANAKARA, PINDIMANA VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 6866926 ELDOSE MATHEW SON OF MATHEW, CHUNDATTU HOUSE, KOTHAMANGALAM KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686691 BY ADV PUBLIC PROSECUTOROTHER PRESENT:
PP SRI.NOUSHAD K.A
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 1647 OF 2023
3
BECHU KURIAN THOMAS, J.
Crl.M.C. No.1647 of 2023
Dated this the 5th day of April, 2023
ORDER
The learned Public Prosecutor upon instructions submitted that there are specific allegations against the petitioners that make out the offence under Section 307 of IPC. The learned counsel for the petitioners seeks permission to withdraw this Crl.M.C with liberty to file a fresh one as and when circumstances arise.
Accordingly reserving the liberty of the petitioner as aforesaid this Crl.M.C is dismissed as withdrawn.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 1647 OF 2023
4
APPENDIX OF CRL.MC 1647/2023
PETITIONER ANNEXURES
Annexure A1 |
CERTIFIED COPY OF THE FIR SUBMITTED BYTHE 2ND RESPONDENT OF KOTHAMANGALAMPOLICE STATION BEFORE THE JUDICIALFIRST CLASS MAGISTRATE COURT,KOTHAMANGALAM IN CRIME NO. 155/2023 |
|---|---|
Annexure A2 |
THE ORIGINALS OF THE AFFIDAVIT SWORNBY THE 3RD RESPONDENTS DEEPU BEFORE ANOTARY PUBLIC, EXPRESSING HIS NOOBJECTION FOR QUASHING ANEXURE-A1 FIRREGISTERED AGAINST THE PETITIONER ANDALLOWING CRIMINAL MISCELLANEOUS CASE |
Annexure A3 |
THE ORIGINALS OF THE AFFIDAVIT SWORNBY THE 4TH RESPONDENT BAVAS K.H.BEFORE A NOTARY PUBLIC, EXPRESSING HISNO OBJECTION FOR QUASHING ANEXURE-A1FIR REGISTERED AGAINST THE PETITIONERAND ALLOWING CRIMINAL MISCELLANEOUSCASE |
Annexure A4 |
THE ORIGINALS OF THE AFFIDAVIT SWORNBY THE 5TH RESPONDENT SUDHEESH BEFOREA NOTARY PUBLIC, EXPRESSING HIS NOOBJECTION FOR QUASHING ANEXURE-A1 FIRREGISTERED AGAINST THE PETITIONER ANDALLOWING CRIMINAL MISCELLANEOUS CASE |
Annexure A5 |
THE ORIGINALS OF THE AFFIDAVIT SWORNBY THE 6TH RESPONDENT ELDOSE MATHEWBEFORE A NOTARY PUBLIC, EXPRESSING HISNO OBJECTION FOR QUASHING ANEXURE-A1FIR REGISTERED AGAINST THE PETITIONERAND ALLOWING CRIMINAL MISCELLANEOUSCASE//TRUE COPY// |
1 issue framed by the court
Whether to grant permission to withdraw the criminal miscellaneous case with liberty to file a fresh one.
Akhil
Shinto
Suresh
Akhil
Deepu
Bavas K.H
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court