Dismissed

B.Reghuram Shetty v. State of Kerala

Kerala HC23 Jul 2024Crl.MC/1574/2023

Case brief

AI extract

What is this about?

The petitioner, a representative of a private limited company accused in a case under the Kerala Conservation of the Paddy Land and Wetland Act, sought discharge. The Court held that the discharge application should be considered without insisting on the petitioner's personal presence and permitted the matter to be withdrawn with liberty to file the discharge application.

What did the court decide?

Withdrawal of Crl.M.C. with liberty to file discharge application without personal presence.

B.Reghuram Shetty Vs State of Kerala — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946

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CRL.MC NO. 1574 OF 2023

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 IN CC NO.606 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,
THIRUVANANTHAPURAM(SPECIAL COURT-MARKLIST CASES)

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PETITIONER/4TH ACCUSED:

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B.REGHURAM SHETTY
AGED 80 YEARS
S/O. SHAMBU SHETTTY CHAIRMAN,GOD'S OWN COUNTRY
HEALTH RESORT INTERNATIONAL PVT.LTD.,
DEVASWOM BOARD JUNCTION, KOWDIAR,
THIRUVANANTHAPURAM, PIN – 695003

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BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
SMRITHI S.S.

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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2 THE VILLAGE OFFICER ATTIPPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695583

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BY ADV.ASHI.M.C.
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1574 of 2023

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-:2:-

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No.1574 of 2023

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Dated this the 23^rd day of July, 2024

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ORDER

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Petitioner is the fourth accused in C.C.No.606/2021 on the files of the Judicial First Class Magistrate Court-V, Thiruvananthapuram. The case arises out of a complaint filed by the second respondent under Section 12(2) of the Kerala Conservation of the Paddy Land and Wetland Act, 2008, alleging offences punishable under Section 23 of the said Act.

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Though the learned counsel for the petitioner submitted that other accused persons have already been discharged, I am of the view that those are matters to be considered on a case to case basis, depending upon the nature of allegations. However, it is noticed that the accused in the instant case is a private limited company by the name “God’s own country Health Resort International Pvt. Ltd.”, and the petitioner is arrayed only as a representative of the said company.

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The learned counsel for the petitioner sought to apply for a discharge before the trial court. Since the company is the accused in the case and the petitioner herein is only a representative of the company, I am of the view that discharge petition, if any filed, ought to be considered without insisting on the presence of the petitioner as he is only a representative.

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Crl.M.C.No.1574 of 2023

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-:3:-

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In view of the request of the learned counsel for the petitioner

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that the accused may be permitted to plead for discharge, this Crl.M.C is permitted to be withdrawn, reserving the aforesaid liberty.

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It is clarified that, if in case, an application is preferred for discharge by the fourth accused, the same shall be considered without insisting on the personal presence of the petitioner.

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Reserving the aforesaid liberty, this criminal miscellaneous case is dismissed as withdrawn.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Jka/23.07.24.

B.Reghuram Shetty v. State of Kerala

Case brief

What is this about?

What did the court decide?

B.Reghuram Shetty v. State of Kerala

Case brief

What is this about?

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