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Lineesh vs State of Kerala

Lineesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 29, 2024
~2 min read
https://sooperkanoon.com/case/1314324

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/10133/2023

Parties & Advocates

Appellant / Petitioner

Lineesh

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a. badharudeen monday, the 29th day of july 2024 / 7th sravana, 1946 crl.mc no. 10133 of 2023 crime no.554/2021 of atholi police station, kozhikode sc no.931 of 2021 of fast track special court, koyilandypetitioner/accused: lineesh aged 42 years s/o.kumaran, venmaniyil house, modakkallur (p.o.), atholi, kozhikode district, pin - 673525 by advs. santharam.p rekha aravind p.g.gokulnath respondents/state & survivor: 1 state of kerala represented by public prosecutor,high court of kerala, ernakulam, pin - 682031 2 xxxxxxxxxx xxxxxxxxxx xxxxxxxxxx r1 by public prosecutor sri.m.p.prasanth this criminal misc. case having come up for admission on 29.07.2024, the court on the same day passed the following: crl.mc no.10133 of 2023 2orderdated this the 29th day of july, 2024 this criminal miscellaneous case has been filed under section 482 of the code of criminal procedure, 1973, by the petitioner, who is the accused in crime no.554/2021 of atholi police station, kozhikode district, now pending as s.c.no.931/2021 on the files of the fast track special court, koyilandy and the prayer herein is as under:“to quash the annexure 2 charge dated 01.11.2021 in crime no.554/2021 of atholi police, kozhikode district in the interest of justice.”2. after arguing for a while, when this court is notinclined to allow the quashment, holding that, prima facie case made out from the prosecution records, the learned counsel for the petitioner sought permission to withdraw this petition. permission granted and this petition is dismissed as withdrawn. crl.mc no.10133 of 2023 3 the interim stay granted by this court stands vacated. registry is directed to forward a copy of this order to the fast track special court, koyilandy, for information and future guidance. sd/- a. badharudeen judge bb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 CRL.MC NO. 10133 OF 2023 CRIME NO.554/2021 OF ATHOLI POLICE STATION, KOZHIKODE SC NO.931 OF 2021 OF FAST TRACK SPECIAL COURT, KOYILANDY

PETITIONER/ACCUSED: LINEESH AGED 42 YEARS S/O.KUMARAN, VENMANIYIL HOUSE, MODAKKALLUR (P.O.), ATHOLI, KOZHIKODE DISTRICT, PIN - 673525 BY ADVS. SANTHARAM.P REKHA ARAVIND P.G.GOKULNATH RESPONDENTS/STATE & SURVIVOR: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX R1 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO.10133 OF 2023 2

ORDER

Dated this the 29th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, who is the accused in Crime No.554/2021 of Atholi police station, Kozhikode District, now pending as S.C.No.931/2021 on the files of the Fast Track Special Court, Koyilandy and the prayer herein is as under:

“To quash the Annexure 2 charge dated 01.11.2021 in Crime No.554/2021 of Atholi Police, Kozhikode District in the interest of justice.”

2. After arguing for a while, when this Court is not

inclined to allow the quashment, holding that, prima facie case made out from the prosecution records, the learned counsel for the petitioner sought permission to withdraw this petition. Permission granted and this petition is dismissed as withdrawn. CRL.MC NO.10133 OF 2023 3 The interim stay granted by this Court stands vacated. Registry is directed to forward a copy of this order to the Fast Track Special Court, Koyilandy, for information and future guidance. Sd/- A. BADHARUDEEN JUDGE Bb

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