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Rahul Subash vs State of Kerala

Rahul Subash vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 26, 2024
~2 min read
https://sooperkanoon.com/case/1319725

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/2950/2024

Parties & Advocates

Appellant / Petitioner

Rahul Subash

Respondent

State of Kerala

Excerpt

.....on 26.03.2024, the court on the same day passed the following:bechu kurian thomas, j.crl.m.c.no.2950 of 2024 dated this the 26th day of march, 2024orderpetitioner seeks for stay of all further proceedings in s.c.no.826 of 2022 on the files of the additional sessions court, north paravur till, culmination of slp (criminal) diary no.38799 of 2023 pending before the supreme court.2. when a special leave petition filed by the petitioner is pendingbefore the supreme court, if in case any interim orders are required in respect of the proceedings under challenge or in dispute in the said special leave petition, the remedy is to prefer appropriate applications in the special leave petition. recourse to remedy under section 482 of cr.p.c. before this court is not proper. accordingly, i find no merit in this crl.m.c. and it is dismissed. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 2950/2024 petitioner's annexures : annexure a1 true copy the order of the high court of kerala in criminal m.c. no.1293/2023 dated 30/3/2023 annexure a2 true copy of the order of the supreme court in slp (criminal) diary no.38799/2023 dated 14.12.2023 annexure a3 true copy of the order dated 30/10/2023 in bail appl. no. 8738/2023 of the hon'ble high court of kerala

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 CRIME NO.31/2021 OF Aluva Excise Range Office, Ernakulam SC NO.826 OF 2022 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR

PETITIONER/ ACCUSED : RAHUL SUBASH, AGED 29 YEARS, S/O SUBASH, KALAPPURAKKAL HOUSE, NORTH PADAKULAM KARA, LOKAMALESWARAM VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT, PIN - 680 666 BY ADVS. SUBASH CHANDRAN KAVITHA K.T. RESPONDENT/ STATE & 2ND ACCUSED : 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P.O., ERNAKULAM, PIN - 682 031 2 SAINUL ABID.P.A. AGED 20 YEARS S/O ABDUL MAJEED, PAROOPPANAKKAL HOUSE, THIRUVALLOOR DESOM, ERIYAD VILLAGE, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680 666 SRI. NOUSHAD K. A., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

Crl.M.C.No.2950 of 2024 Dated this the 26th day of March, 2024

ORDER

Petitioner seeks for stay of all further proceedings in S.C.No.826 of 2022 on the files of the Additional Sessions Court, North Paravur till, culmination of SLP (Criminal) Diary No.38799 of 2023 pending before the Supreme Court.

2. When a special leave petition filed by the petitioner is pending

before the Supreme Court, if in case any interim orders are required in respect of the proceedings under challenge or in dispute in the said special leave petition, the remedy is to prefer appropriate applications in the special leave petition. Recourse to remedy under Section 482 of Cr.P.C. before this Court is not proper. Accordingly, I find no merit in this Crl.M.C. and it is dismissed. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 2950/2024 PETITIONER'S ANNEXURES : Annexure A1 TRUE COPY THE ORDER OF THE HIGH COURT OF KERALA IN CRIMINAL M.C. NO.1293/2023 DATED 30/3/2023 Annexure A2 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (CRIMINAL) DIARY NO.38799/2023 DATED 14.12.2023 Annexure A3 TRUE COPY OF THE ORDER DATED 30/10/2023 IN BAIL APPL. NO. 8738/2023 OF THE HON'BLE HIGH COURT OF KERALA

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Same Court & Year Kerala Orders · 2024 Same Parties Rahul Subash vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas

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