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Gopalakrishnan vs State of Kerala

Gopalakrishnan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 06, 2024
~2 min read
https://sooperkanoon.com/case/1288576

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/1300/2020
Subject
Criminal

Case Summary

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

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Gopalakrishnan

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen thursday, the 6th day of june 2024 / 16th jyaishta, 1946 crl.mc no. 1300 of 2020 in cp no.24 of 2019 of judicial magistrate of first class - i, north paravur petitioner/accused: gopalakrishnan aged 54 years s/o. parameswaran nair, thacheril mundiath house, chengamangalam, north paravur. by advs. s.rajeev sri.k.k.dheerendrakrishnan sri.v.vinay sri.d.feroze sri.k.anand (a-1921) respondents/state/defacto complainant: 1 state of kerala represented by the public prosecutor, high court of kerala, ernakulam - 682 031. (crime no.825/2017 of vadakkekara police station, ernakulam district) 2 xxxxx by adv stiya sivan sr pp - renjit george this criminal misc. case having come up for admission on 06.06.2024, the court on the same day passed the following: crl.m.c. no. 1300 of 2020orderdated this the 6th day of june, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, to quash all further proceedings in c.p. no.24/2019 on the files of the judicial first class magistrate court-i, north paravur, alleging commission of offence punishable under section 376 of ipc.2. the learned counsel for the petitioner argued atlength to convince this court that no offence made out, prima facie, from the prosecution records. since he failed in this endeavour and when this court was about to dismiss this petition, holding that there are sufficient materials to go for trial, the learned counsel for the petitioner sought permission to withdraw this petition. permission granted.3. accordingly, this petition stands dismissed aswithdrawn. registry is directed to forward a copy of this order to the trial court, within three days, for information and further steps. sd/- a. badharudeen judge sk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 CRL.MC NO. 1300 OF 2020 IN CP NO.24 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR PETITIONER/ACCUSED: GOPALAKRISHNAN AGED 54 YEARS S/O. PARAMESWARAN NAIR, THACHERIL MUNDIATH HOUSE, CHENGAMANGALAM, NORTH PARAVUR. BY ADVS. S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921) RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (CRIME NO.825/2017 OF VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT) 2 XXXXX BY ADV STIYA SIVAN SR PP - RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No. 1300 of 2020

ORDER

Dated this the 6th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.P. No.24/2019 on the files of the Judicial First Class Magistrate Court-I, North Paravur, alleging commission of offence punishable under Section 376 of IPC.

2. The learned counsel for the petitioner argued at

length to convince this Court that no offence made out, prima facie, from the prosecution records. Since he failed in this endeavour and when this Court was about to dismiss this petition, holding that there are sufficient materials to go for trial, the learned counsel for the petitioner sought permission to withdraw this petition. Permission granted.

3. Accordingly, this petition stands dismissed as

withdrawn. Registry is directed to forward a copy of this order to the trial court, within three days, for information and further steps. Sd/- A. BADHARUDEEN JUDGE SK

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