Thomas Vs. State of Kerala

Thomas vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 05, 2014

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https://sooperkanoon.com/case/1126454

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Citation: sooperkanoon.com/1126454
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Ramakrishnan
Decided On: Feb 05, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Thomas

Respondent

State of Kerala

Excerpt

.....case is filed by the sole accused in crime no.198/2014 of mannuthy police station, for a direction to the 2nd respondent to receive the application for compounding the case and pass appropriate orders, if such an application is filed, under section 482 of the code of criminal procedure (hereinafter called the 'code').2. it is alleged in the petition that, the petitioner is the driver of the lorry which involved in the alleged commission of offence and a case has been registered against him by mannuthy police as crime no.198/2014 under section 4(1) read with section 21 of mines and mineral (development of regulation) act, 1957 and his vehicle has been seized on 30.01.2014 by the police, on the allegation that, it was being used for transporting earth without any authority and in violation of the provisions of kerala minor mineral concession rules, 1967. the offence is compoundable one under rule 60 (a) (1) of kerala minor mineral concession rules, 1967 and the officer who initiated the prosecution has to give an crl.m.c.no.1028 of 2014 :2. : opportunity to the petitioner for compounding the offence. though he is prepared for the same, the officer is not permitting the same. so, he was compelled to file this application for the above relief.3. when the application came up for hearing, the learned counsel appearing for the petitioner as well as the learned public prosecutor submitted that, this petition can be disposed of in terms of the orders passed in annexure a5 by this court in similar matters. in annexure a5, this court has directed the investigating officer to receive and consider the application for compounding of the offence, if any filed by the petitioner in that case and pass appropriate orders as early as possible, at any rate, within two weeks from the date of receipt of copy of the judgment in that case. so considering the circumstances, i feel that this petition also can be disposed of in the same manner. so, the petition is disposed of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Crl.MC.No. 1028 of 2014 () --------------------------- CRIME NO. 198/2014 OF MANNUTHY POLICE STATION, THRISSUR DISTRICT. ....... PETITIONER/ACCUSED: ----------------------------------- THOMAS, S/O.PHILIPOSE, AGED47YEARS, POTTANKULAM HOUSE, ASARIKKAD JUNCTION, PEECHI VILLAGE, THRISSUR DISTRICT- 680 503. (DRIVER OF TIPPER LORRY BEARING REGISTRATION NUMBER KL-45-D-4375). BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM.

2. SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, THRISSUR DISTRICT, PIN-680 503. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 1028 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.198 OF 2014 DATED3001.2014 OF MANNUTHY POLICE STATION. ANNEXURE2 TRUE COPY OF THE MAHASAR PREPARED BY THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION DATED2501.2014. ANNEXURE3 TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION DATED3001.2014. ANNEXURE4 TRUE COPY OF THE INTERIM ORDER

DATED0801.2013 IN CRL.M.C.NO.78/2013 OF THIS HONOURABLE COURT. ANNEXURE5 TRUE COPY OF THE ORDER

DATED2511.2013 IN CRL.M.C.NO.5356/2013 OF THIS HONOURABLE COURT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. K. Ramakrishnan, J.

============================== Crl.M.C.No.1028 of 2014 ============================== Dated this, the 05th day of February, 2014. ORDER

This criminal miscellaneous case is filed by the sole accused in Crime No.198/2014 of Mannuthy Police Station, for a direction to the 2nd respondent to receive the application for compounding the case and pass appropriate orders, if such an application is filed, under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

2. It is alleged in the petition that, the petitioner is the driver of the lorry which involved in the alleged commission of offence and a case has been registered against him by Mannuthy Police as Crime No.198/2014 under Section 4(1) read with Section 21 of Mines and Mineral (Development of Regulation) Act, 1957 and his vehicle has been seized on 30.01.2014 by the police, on the allegation that, it was being used for transporting earth without any authority and in violation of the provisions of Kerala Minor Mineral Concession Rules, 1967. The offence is compoundable one under Rule 60 (A) (1) of Kerala Minor Mineral Concession Rules, 1967 and the officer who initiated the prosecution has to give an Crl.M.C.No.1028 of 2014 :

2. : opportunity to the petitioner for compounding the offence. Though he is prepared for the same, the officer is not permitting the same. So, he was compelled to file this application for the above relief.

3. When the application came up for hearing, the learned counsel appearing for the petitioner as well as the learned Public Prosecutor submitted that, this petition can be disposed of in terms of the orders passed in Annexure A5 by this court in similar matters. In Annexure A5, this court has directed the investigating officer to receive and consider the application for compounding of the offence, if any filed by the petitioner in that case and pass appropriate orders as early as possible, at any rate, within two weeks from the date of receipt of copy of the judgment in that case. So considering the circumstances, I feel that this petition also can be disposed of in the same manner. So, the petition is disposed of directing the 2nd respondent, the Sub Inspector of police, Mannuthy Police Station, to receive and consider the application for compounding of the offences, if any, filed by the petitioner, and pass appropriate orders on the same as early as possible, at any rate, within one week from the date of receipt of the Crl.M.C.No.1028 of 2014 :

3. : copy of this order. With the above direction and observation, this criminal miscellaneous case is disposed of. Sd/- K. Ramakrishnan, Judge. Bb [True copy] P.A to Judge

Same Court & Year Kerala · 2014 Same Parties Thomas vs State of Kerala Same Subject Education Same Judge Honourable Mr. Justice K.Ramakrishnan