The High Court of Kerala at Ernakulam dismissed Writ Petition (Criminal) No. 85 of 2023 filed by Jose Thomas. The Court allowed the petitioner to withdraw the petition with liberty to file a fresh one, citing a defect noted by the petitioner.
Permission to withdraw writ petition with liberty to file a fresh writ petition.
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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. 85 OF 2023
PETITIONER:
JOSE THOMAS
AGED 40 YEARS
S/O V.M.THOMAS, FLAT NO.1, 29/401/1, DAMODAR APARTMENT,
KUNNATHU LANE, NEAR THIRUVAMBADY TEMPLE,MOONUKKUTY,
THRISSUR, PIN - 680001
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 6950103 THE COMMISSIONER OF POLICE THRISSUR CITY, THIRUVAMBADY ROAD, THRISSUR, KERALA, PIN - 6800224 THE STATION HOUSE OFFICER TOWN EAST POLICE STATION, THRISSUR, KERALA, PIN - 6800015 GILBERT LOURDURAJ JAMES S/O JAMES LOURDRAJ, RESIDENT OF 16, VIVEKANANDA NAGAR, COIMBATORE, TAMIL NADU, PIN - 6410056 AVINASH PUSHKARAN ( SOUGHT TO BE IMPLEADED ) AGED 46 YEARS, S/O PUSHKARAN HOUSE NO. 12 VASANTH NAGAR, PATTURAIKKAL, THRISSUR ( SOUGHT TO BE IMPLEADED )BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
Thomas J Anakkallunkal .
WP(CRL.) NO. 85 OF 2023
2
CR. SIVAKUMAR
NIRMAL CHERIYAN VARGHESE(K/2389/2021)
ANUPA ANNA JOSE KANDOTH(K/427/2007)
LITTY PETER(K/000947/2022)
JAYARAMAN S.(K/1244/2019)
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
S.SOORYA GAYATHRY
BABILA K.K.
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. 85 OF 2023
3
BECHU KURIAN THOMAS, J.
W.P.(Crl) No. 85 of 2023
Dated this the 24th day of July, 2023
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file a fresh writ petition, in view of a defect noted by the petitioner.
Reserving the liberty of the petitioner to file a fresh writ
petition, this writ petition is dismissed as withdrawn.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
WP(CRL.) NO. 85 OF 2023
4
APPENDIX OF WP(CRL.) 85/2023
PETITIONER EXHIBITS
Exhibit P-1TRUE COPY OF THE PLAINT IN O.S NO.
242 OF 2022 FILED BEFORE THE HON'BLE
SUB COURT, ERNAKULAM EXCLUDING THE
DOCUMENTS SUBMITTED ALONG WITH THE
PLAINT
Exhibit P-2TRUE COPY OF THE COMPLAINT DATED 16-
1-2023 PREFERRED BY THE PETITIONER TO
THE STATION HOUSE OFFICER,
KADAVANTHRA POLICE STATION, ERNAKULAM
BY REGISTERED POST
Exhibit P-2(a)TRUE COPY OF THE POSTAL RECEIPT DATED
16-1-2023 FOR HAVING SENT THE
COMPLAINT TO THE STATION HOUSE
OFFICER, KADAVANTHRA POLICE STATION,
ERNAKULAM BY REGISTERED POST
Exhibit P-3TRUE COPY OF THE COMPLAINT DATED 16-
1-2023, SENT BY THE PETITIONER TO THE
COMMISSIONER OF POLICE, KOCHI CITY BY
REGISTERED POST
Exhibit P-3(a)TRUE COPY OF THE POSTAL RECEIPT DATED
16-1-2023 FOR HAVING SENT THE
COMPLAINT TO THE COMMISSIONER OF
POLICE, KOCHI CITY BY REGISTERED POST
Exhibit P-4TRUE COPY OF THE FIR DATED 18-1-2023
BEARING NO. 162 / 2023 REGISTERED BY
THRISSUR EAST POLICE STATION,
THRISSUR CITY
Exhibit P-5TRUE COPY OF THE FIR DATED 20-1-2023
BEARING NO. 195 / 2023 REGISTERED BY
THRISSUR EAST POLICE STATION,
THRISSUR CITY
Exhibit P-6TRUE COPY OF THE FIR DATED 20-1-2023
BEARING NO. 196 / 2023 REGISTERED BY
THRISSUR EAST POLICE STATION,
THRISSUR CITY
Exhibit P-7TRUE COPY OF THE FIR DATED 21-1-2023
BEARING NO. 205 / 2023 REGISTERED BY
THRISSUR EAST POLICE STATION,
THRISSUR CITY
Exhibit P-8TRUE COPY OF THE FIR DATED 21-1-2023
BEARING NO. 206 / 2023 REGISTERED BY
THRISSUR EAST POLICE STATION,
THRISSUR CITY
WP(CRL.) NO. 85 OF 2023
5
Exhibit P-9TRUE COPY OF THE UNDATED CIRCULAR NO.
10/2014 ISSUED BY THE STATE POLICE
CHIEF
//TRUE COPY//
Jose Thomas
State of Kerala
The State Police Chief Kerala
The Commissioner of Police Thirissur City
The Station House Officer Town East Police Station Thirssur
Gilbert Lourduraj James
Bechu Kurian Thomas
As recorded by the court registry
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