On admission in CRL. MC No. 4711/2014, the Court observed that the petitioner had been acquitted by the trial court in CC 327/2013 dated 7.8.2015 and held that the prayer sought in the present petition had become infructuous, closing the matter accordingly.
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 RAJA VIJAYARAGHAVAN V
WEDNESDAY,THE7THDAYOFJUNE2023/17THJYAISHTA,1945
CRL.MCNO.4711OF2014
AGAINST THE ORDER/JUDGMENTWPC 1383/2013 OF HIGH COURT OF KERALA
CC327/2013OFJUDICIALMAGISTRATEOFFIRSTCLASS-
IV,KOZHIKODE
PETITIONER/ACCUSED:
SHAINUVK
S/O.SANKARAN,VELLOTTUKANDIHOUSE,KISHURP.O.,
PYYOLI.
BYADVSRI.V.TEKCHAND
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALAM-682031.2 S.I.OF POLICENADAKKAVEPOLICESTATION,KOZHIKODE-673001.
3BRANCHMANAGER
CHOLAMANDALAMM.SGENERALINSURANCECO.LTD.,DOORNO.
1/3684A,SUDARSHANBUILDING,WESTNADAKKAVE,
KANNURROAD,KOZHIKODE.
BYADVS.
SRI.BINOYVASUDEVAN
SRI.VIPINNARAYAN,SRPP
THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSIONON
07.06.2023,THECOURTONTHESAMEDAYPASSEDTHEFOLLOWING:
2
CRL.MCNO.4711OF2014
ORDER
When this matter was taken up, it is submitted by the learned counsel
appearing for the petitioner that the accused has been acquitted by judgment dated 7.8.2015 in CC 327/2103 on the file of the Judicial First Class Magistrate IV, Kozhikkode and, therefore, the prayer sought for has
become infructuous.
This petition is closed.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE
Sru
3
CRL.MCNO.4711OF2014
APPENDIX OF CRL.MC 4711/2014
PETITIONER EXHIBITS |
||||
|---|---|---|---|---|
| ANNEXURE 1 | TRUE 2756 |
COPY 7/12. |
OF THE |
JUDGMENT IN WPC NO. |
| ANNEXURE 1(a) | TRUE NO. |
COPY 27661 |
OF THE /12. |
JUDGMENT IN JUDGMENT IN WPC |
| ANNEXURE 1(b) | TRUE NO. |
COPY 27662 |
OF THE /12. |
JUDGMENT IN JUDGMENT IN WPC |
| ANNEXURE 1(c) | TRUE NO. |
COPY 1383/ |
OF THE 13. |
JUDGMENT IN JUDGMENT IN WPC |
| ANNEXURE 2 | TRUE NADA |
COPY KAVU |
OF THE POLICE |
FIR IN CRIME NO. 7/2013 OFSTATION. |
| ANNEXURE 3 | TRUE 05.3 |
COPY .13. |
OF THE |
TRIPARTITE AGREEMENT DT. |
| ANNEXURE 4 | CERT327/ |
IFIED 13. |
COPY O |
F THE FINAL REPORT IN CC NO. |
2 issues framed by the court
Whether the proceedings in Criminal Misc. No. 4711/2014 remain maintainable given the acquittal of the accused in CC 327/2013.
Whether the prayer in the criminal miscellaneous petition has become infructuous due to the acquittal of the petitioner.
SHAINUVK
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
S.I.OF POLICE NADAKKAVEPOLICESTATION
BRANCHMANAGER CHOLAMANDALAM M.S GENERAL INSURANCE CO.LTD.
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court