The High Court allowed the revision petitioner to withdraw the criminal revision petition without prejudice to his right to raise contentions before the lower court. The petition is dismissed as withdrawn.
Leave granted to withdraw the revision petition without prejudice; petition dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
CRL.REV.PET NO. 1381 OF 2011
IN SC 528/2005 OF SUB COURT, PAYYANNUR
REVISION PETITIONER/2ND ACCUSED:
K.E.BIJUMON
FOREST GUARD,
S/O.BHARGAVAN NAMBIAR, KADANNAPPALLY,
KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN
SRI.JOHNY THOMAS
RESPONDENTS/COMPLAINANT:
STATE OF KERALA – REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
(CRIME NO.373/03, TALIPARAMBA POLICE, STATION,
TALIPARAMBA, KANNUR DISTRICT).
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-:2:-
Crl.R.P.No.1381/2011
Dated this the 4th day of October,2023
O R D E R
The revision petition is filed challenging the order
of the Court of the Assistant Sessions Judge, Payyannur, in S.C.No.528/2005, framing of charge against the revision petitioner for the offences under Sections 409, 301 and Section 34 of the Indian Penal Code,1860.
Crl.R.P.No.1381/2011
-:3:-
revision petition is filed against the order framing the charge against the revision petitioner, I find the above submission to be justifiable and reasonable, and I am inclined to allow the same.
Resultantly, the revision petition is dismissed as withdrawn, without prejudice to the right of the revision petitioner to raise all the contentions urged in the revision petition before the court below.
Sd/-
C.S.DIAS,JUDGE
DST/04.10.23
//True copy//
P.A.To Judge
1 issue framed by the court
Whether leave to withdraw a criminal revision petition without prejudice to raising contentions before the lower court should be allowed.
K.E. Bijumon
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court