The High Court of Kerala at Ernakulam considered an appeal regarding the disposal of a prior criminal appeal. The court approved the withdrawal of the current petition in light of the earlier appeal's disposal.
This original petition is dismissed as withdrawn with liberty to take recourse in accordance with law.
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
TUESDAY, THE 25TH DAY OF JULY 2023 / 3RD SRAVANA, 1945
OP(CRL.) NO. 223 OF 2023
AGAINST THE ORDER/JUDGMENTCRA 89/2020 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, THALASSERY
PETITIONER/APPELLANT NO.3:
SAHAD A.K
AGED 23 YEARS,
S/O. ABDUL SALAM, DHARUL-SALAM HOUSE, KANNAVAM P.O.,
THALASSERY TALUK, KANNUR DISTRICT, PIN - 670650
BY ADV P.K.MOHAMED JAMEEL
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER KANNAVAM POLICE STATION, KANNAVAM P.O., KANNUR DISTRICT, PIN - 670650OTHER PRESENT:
SR.PP-SRI.K.A.NAUSHAD
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 223 OF 2023
2
BECHU KURIAN THOMAS, J.
O.P.(Crl) No. 223 of 2023
Dated this the 25th day of July, 2023
JUDGMENT
Since it is submitted that the Cr.Appeal No.89/2020 on the files of the Additional Sessions Court-III, Thalassery was disposed of on 24-06-2023. The learned counsel for the petitioner seeks permission to withdraw this original petition with liberty to take recourse in accordance with law.
Reserving the aforesaid liberty, this original petition is
dismissed as withdrawn.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
OP(CRL.) NO. 223 OF 2023
3
APPENDIX OF OP(CRL.) 223/2023
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE CRL M.P.NO.
4317/2022 OF ADDITIONAL SESSION
JUDGE III, (IN CHARGE OF ADDITIONAL
SESSION JUDGE IV), THALASSERY
Exhibit P2THE TRUE COPY OF THE ORDER DATED
01.11.2022 IN CRL. M.P NO.
4317/2022 IN CRL.A NO. 89/2020
Exhibit P3THE TRUE COPY OF THE ORDER DATED
13.10.2022 IN CMP NO. 4396/2022 IN
C.C NO. 236/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE, KUTHUPARAMBA
Exhibit P4THE TRUE COPY OF THE ORDER DATED
13.10.2020 IN CMP NO. 4398/2020 IN
C.C NO. 1305/2022 OF JUDICIAL FIRST
CLASS MAGISTRATE, KUTHUPARAMBA
Exhibit P5THE TRUE COPY OF THE JUDGMENT DATED
27.08.2022 IN C.C NO. 131/2014 OF
JUVENILE JUSTICE BOARD, THALASSERY
Exhibit P6THE TRUE COPY OF THE JUDGMENT DATED
17.02.2018 IN C.C NO. 479/2015 OF
JUDICIAL FIRST CLASS MAGISTRATE
KUTHUPARMBA
Exhibit P7THE TRUE COPY OF THE ENGLISH
VERSION OF NOTIFICATION GSR NO. 570
(E) DATED 25.08.1993
//TRUE COPY//
1 issue framed by the court
Whether to allow the withdrawal of the original petition when the underlying criminal appeal has already been disposed of.
Sahad A.K
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court