Sojan vs State of Kerala

SOJAN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 31, 2024

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Citation: sooperkanoon.com/1327136
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jul 31, 2024
Case Number: Crl.MC/4939/2024

Parties & Advocates

Appellant / Petitioner

SOJAN

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 31st day of july 2024 / 9th sravana, 1946 against the order/judgment dated in cp no.59 of 2015 of judicial magistrate of first class ,chittur petitioners: 1 sojan aged 42 year s/o., babu arackal veedu, chemmanakandam desom puthur p.o, thrissur, pin - 673104 2 raneesh aged 37 years /o., basheer paduvinkal house, puliparamb mannuthi p.o, thrissur, pin - 680561 by advs. k.i.sageer muhammed yasil respondents: 1 state of kerala represented by public prosecutor, high court of kerala, pin - 682031 2 excise inspector excise range office, kollengode range palakkad, pin - 678506 other present: smt. nima jacob (pp) this criminal misc. case having come up for admission on 31.07.2024, the court on the same day passed the following:bechu kurian thomas, j.----------------------------------------- crl.m.c no. 4939 of 2024 ---------------------------------------- dated this the 31st day of july, 2024orderlearned counsel for petitioners seek permission to withdraw this crl.m.c with liberty to file a fresh crl.m.c.2. on 10-06-2024, this court on noticing that the case had beentransferred to the long-pending register, permitted the petitioners to surrender before the court and also directed the learned magistrate to consider the application for recall of warrant and bail on the same day itself, bearing in mind the acquittal of the co-accused. the learned counsel for the petitioners, however, submitted that, till date, the petitioners could not surrender. it is thereafter that this request for withdrawal of the petition is put forth.3. having regard to the above circumstances, i am of the view thatthe liberty to file a fresh crl.m.c cannot be granted. however, since the petitioners seek permission to withdraw this crl.m.c, permission is granted to withdraw. hence, this crl.m.c is dismissed as withdrawn without granting liberty to file a fresh crl.m.c. sd/- bechu kurian thomas.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 AGAINST THE ORDER/JUDGMENT DATED IN CP NO.59 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR PETITIONERS: 1 SOJAN AGED 42 YEAR S/O., BABU ARACKAL VEEDU, CHEMMANAKANDAM DESOM PUTHUR P.O, THRISSUR, PIN - 673104 2 RANEESH AGED 37 YEARS /O., BASHEER PADUVINKAL HOUSE, PULIPARAMB MANNUTHI P.O, THRISSUR, PIN - 680561 BY ADVS. K.I.SAGEER MUHAMMED YASIL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 EXCISE INSPECTOR EXCISE RANGE OFFICE, KOLLENGODE RANGE PALAKKAD, PIN - 678506 OTHER PRESENT: SMT. NIMA JACOB (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------- Crl.M.C No. 4939 of 2024 ---------------------------------------- Dated this the 31st day of July, 2024

ORDER

Learned Counsel for petitioners seek permission to withdraw this Crl.M.C with liberty to file a fresh Crl.M.C.

2. On 10-06-2024, this Court on noticing that the case had been

transferred to the long-pending register, permitted the petitioners to surrender before the Court and also directed the learned Magistrate to consider the application for recall of warrant and bail on the same day itself, bearing in mind the acquittal of the co-accused. The learned counsel for the petitioners, however, submitted that, till date, the petitioners could not surrender. It is thereafter that this request for withdrawal of the petition is put forth.

3. Having regard to the above circumstances, I am of the view that

the liberty to file a fresh Crl.M.C cannot be granted. However, since the petitioners seek permission to withdraw this Crl.M.C, permission is granted to withdraw. Hence, this Crl.M.C is dismissed as withdrawn without granting liberty to file a fresh Crl.M.C. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 4939/2024 PETITIONER ANNEXURES Annexure-A1 A TRUE COPY OF THE FINAL REPORT DATED 23.06.2014 Annexure-A2 A CERTIFIED COPY OF THE JUDGMENT DATED 15.03.2019 IN S.C. NO. 510/2015 ON THE FILES OF ASSISTANT SESSIONS JUDGE PALAKKAD Annexure-A3 A TRUE COPY OF THE JUDGMENT DATED 17.08.2021 IN CRL.APPEAL NO.68/2019 ON THE FILES THE SESSION COURT, PALAKKAD

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