The Karnataka High Court (Ernakulam) dismissed the criminal writ petition directing the petitioner to file an appeal against the impugned order under Section 452 Cr.P.C., reserving liberty to appeal.
Petitioner directed to prefer an appeal under Section 454 Cr.P.C.; time spent in writ petition excluded.
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
MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945
WP(CRL.) NO. 434 OF 2023
PETITIONER:
KULDEEP MARUTHI GAIKWAD
AGED 30 YEARS
S/O MARUTHI, PERMANENT RESIDENT OF MENGANWADI
(KHANPUR), SANGLI, MAHARASHTRA, PIN-415307, NOW
RESIDING AT RADHAMANI AMMA HOUSE, SWATHIPURAM,
PANACHAMOODU, MANCODU P.O, TAMIL NADU STATE,, PIN -
629001
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAURAM-., PIN - 695001
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
PP SRI.K.A.NOUSHAD
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 434 OF 2023
2
BECHU KURIAN THOMAS, J.
W.P.(Crl) No.434 of 2023
Dated this the 24th day of July, 2023
JUDGMENT
Petitioner challenges an order under Section 452 of Cr.P.C., dated 24-01-2023 in C.M.P.No. 406/2023 on the files of the Judicial First Class Magistrate Court-III, Neyyatinkara.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
WP(CRL.) NO. 434 OF 2023
3
APPENDIX OF WP(CRL.) 434/2023
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE JUDGMENT DATED
07.03.2021 IN CC.NO: 1742 OF 2018
PASSED BY THE COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS-III,
NEYYATTINKARA
Exhibit P2THE CERTIFIED COPY OF THE PROPERTY
LIST IN CC.NO: 1742 OF 2018 ON THE
FILES OF THE COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS-III,
NEYYATTINKARA
Exhibit P3THE CERTIFIED COPY OF THE DEPOSITION
OF THE PETITIONER EXAMINED AS PW5 IN
CC.NO: 1742 OF 2018 ON THE FILES OF
THE COURT OF JUDICIAL MAGISTRATE OF
FIRST CLASS-III, NEYYATTINKARA
Exhibit P4THE CERTIFIED COPY OF THE DEPOSITION
OF THE PETITIONER EXAMINED AS PW11
IN CC.NO: 1742 OF 2018 ON THE FILES
OF THE COURT OF JUDICIAL MAGISTRATE
OF FIRST CLASS-III, NEYYATTINKARA
Exhibit P5THE TRUE COPY OF THE ORDER DATED
24.01.2023 IN CMP NO: 406 OF 2023
//TRUE COPY//
1 issue framed by the court
Whether the petitioner should be directed to prefer an appeal against the order dismissed under Section 452 of Cr.P.C.
2 provisions across 1 enactments
Kuldeep Maruthi Gaikwad
State of Kerala
Bechu Kuriang Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court