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Jose Thomas vs State of Kerala

Jose Thomas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 24, 2023
~3 min read
https://sooperkanoon.com/case/1335296

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
WP(Crl.)/85/2023

Parties & Advocates

Appellant / Petitioner

Jose Thomas

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas monday, the 24th day of july 2023 / 2nd sravana, 1945 petitioner: jose thomas aged 40 years s/o v.m.thomas, flat no.1, 29/401/1, damodar apartment, kunnathu lane, near thiruvambady temple,moonukkuty, thrissur, pin - 680001 by advs. c.s.manu dilu joseph c.a.anupaman t.b.sivaprasad c.y.vijay kumar manju e.r. anandhu satheesh alint joseph respondents:1 state of kerala represented by the secretary to the government of kerala, department of home, government secretariat, thiruvananthapuram, pin - 695001 2 the state police chief kerala state police headquarters, vazhuthacaud, thiruvananthapuram, kerala, pin - 695010 3 the commissioner of police thrissur city, thiruvambady road, thrissur, kerala, pin - 680022 4 the station house officer town east police station, thrissur, kerala, pin - 5 gilbert lourduraj james s/o james lourdraj, resident of 16, vivekananda nagar, coimbatore, tamil nadu, pin - 641005 6 avinash pushkaran ( sought to be impleaded ) aged 46 years, s/o pushkaran house no. 12 vasanth nagar, patturaikkal, thrissur ( sought to be impleaded ) by advs. advocate general office kerala thomas j anakkallunkal .cr. sivakumar nirmal cheriyan varghese(k/2389/2021) anupa anna jose kandoth(k/427/2007) litty peter(k/000947/2022) jayaraman s.(k/1244/2019) addl.director general of prosecution(ag-11) addl. state public prosecutor(ag-28) s.soorya gayathry babila k.k. this writ petition (criminal) having come up for admission on 24.07.2023, the court on the same day delivered the following:bechu kurian thomas, j.----------------------------------------- w.p.(crl) no. 85 of 2023 ---------------------------------------- dated this the 24th day of july, 2023judgmentthe learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file a fresh writ petition, in view of a defect noted by the petitioner. reserving the liberty of the petitioner to file a fr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945 PETITIONER: JOSE THOMAS AGED 40 YEARS S/O V.M.THOMAS, FLAT NO.1, 29/401/1, DAMODAR APARTMENT, KUNNATHU LANE, NEAR THIRUVAMBADY TEMPLE,MOONUKKUTY, THRISSUR, PIN - 680001 BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE STATE POLICE CHIEF KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010 3 THE COMMISSIONER OF POLICE THRISSUR CITY, THIRUVAMBADY ROAD, THRISSUR, KERALA, PIN - 680022 4 THE STATION HOUSE OFFICER TOWN EAST POLICE STATION, THRISSUR, KERALA, PIN - 5 GILBERT LOURDURAJ JAMES S/O JAMES LOURDRAJ, RESIDENT OF 16, VIVEKANANDA NAGAR, COIMBATORE, TAMIL NADU, PIN - 641005 6 AVINASH PUSHKARAN ( SOUGHT TO BE IMPLEADED ) AGED 46 YEARS, S/O PUSHKARAN HOUSE NO. 12 VASANTH NAGAR, PATTURAIKKAL, THRISSUR ( SOUGHT TO BE IMPLEADED ) BY ADVS. ADVOCATE GENERAL OFFICE KERALA Thomas J Anakkallunkal .

CR. SIVAKUMAR NIRMAL CHERIYAN VARGHESE(K/2389/2021) ANUPA ANNA JOSE KANDOTH(K/427/2007) LITTY PETER(K/000947/2022) JAYARAMAN S.(K/1244/2019) ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) S.SOORYA GAYATHRY BABILA K.K. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------- W.P.(Crl) No. 85 of 2023 ---------------------------------------- Dated this the 24th day of July, 2023

JUDGMENT

The learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file a fresh writ petition, in view of a defect noted by the petitioner. Reserving the liberty of the petitioner to file a fresh writ petition, this writ petition is dismissed as withdrawn. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF WP(CRL.) 85/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE PLAINT IN O.S NO.

242 OF 2022 FILED BEFORE THE HON'BLE SUB COURT, ERNAKULAM EXCLUDING THE DOCUMENTS SUBMITTED ALONG WITH THE PLAINT Exhibit P-2 TRUE COPY OF THE COMPLAINT DATED 16- 1-2023 PREFERRED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KADAVANTHRA POLICE STATION, ERNAKULAM BY REGISTERED POST Exhibit P-2(a) TRUE COPY OF THE POSTAL RECEIPT DATED 16-1-2023 FOR HAVING SENT THE COMPLAINT TO THE STATION HOUSE OFFICER, KADAVANTHRA POLICE STATION, ERNAKULAM BY REGISTERED POST

Exhibit P-3 TRUE COPY OF THE COMPLAINT DATED 16- 1-2023, SENT BY THE PETITIONER TO THE COMMISSIONER OF POLICE, KOCHI CITY BY REGISTERED POST Exhibit P-3(a) TRUE COPY OF THE POSTAL RECEIPT DATED 16-1-2023 FOR HAVING SENT THE COMPLAINT TO THE COMMISSIONER OF POLICE, KOCHI CITY BY REGISTERED POST

Exhibit P-4 TRUE COPY OF THE FIR DATED 18-1-2023 BEARING NO. 162 / 2023 REGISTERED BY Exhibit P-5 TRUE COPY OF THE FIR DATED 20-1-2023 BEARING NO. 195 / 2023 REGISTERED BY Exhibit P-6 TRUE COPY OF THE FIR DATED 20-1-2023 BEARING NO. 196 / 2023 REGISTERED BY Exhibit P-7 TRUE COPY OF THE FIR DATED 21-1-2023 BEARING NO. 205 / 2023 REGISTERED BY Exhibit P-8 TRUE COPY OF THE FIR DATED 21-1-2023 BEARING NO. 206 / 2023 REGISTERED BY Exhibit P-9 TRUE COPY OF THE UNDATED CIRCULAR NO. CHIEF //TRUE COPY//

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