Dinakaran vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 21, 2023

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Citation: sooperkanoon.com/1346177
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Feb 21, 2023
Case Number: Crl.MC/4944/2013

Parties & Advocates

Appellant / Petitioner

Dinakaran

Respondent

State of Kerala

Excerpt

.....koiparambu veedu, ward no.13, 44 sudheesh, aged 33 years, s/o.thankappan, puthuval veedu, ward no.14, 45 lalan, s/o.kunjantikutty, anjiliparambu, ward no.14, by advs. sri.k.shrihari rao sri.k.s.balakrishnan smt.n.shobha respondents/complainants: 1 state of kerala, represented by the public prosecutor, high court of kerala, ernakulam-682 031. crl.m.c.no.4944/2013 72 k.a.siyad, s/o.abdul latheef, pearl house, vazhicherry ward, alappuzha, alappuzha district-688 001. by adv sri.c.a.chacko this criminal misc. case having come up for admission on 21.02.2023, the court on the same day passed the following: crl.m.c.no.4944/2013 8orderthis crl.m.c. is filed challenging annexure-b order passed by the judicial first class magistrate court, ambalapuzha, by which the application submitted by the asst.public prosecutor under section 321 cr.p.c. to withdraw the prosecution is dismissed. today when the matter came up for consideration, the learned counsel for the petitioner submitted that the trial of the cmp.no.5592 of 2013 in c.c.no.1525 of 2011 on the file of the judicial first class magistrate court, ambalapuzha has already commenced and now the matter stands posted for evidence on 28.02.2022 for further evidence. in such circumstances, further orders are not necessary in this case. accordingly, this crl.m.c. is closed without prejudice to the contentions of the petitioner. sd/- ziyad rahman a.a. judge dg/21.02.23 crl.m.c.no.4944/2013 9 appendix of crl.mc 4944/2013 petitioner annexuresannexure-a.true copy of the g.o.(rt) no.1108/2011/ind dated 7/9/2011 of the industries department, governemnt of kerala.

Full Judgment

Crl.M.C.No.4944/2013 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 CRL.MC NO. 4944 OF 2013

AGAINST THE ORDER/JUDGMENTCC 1525/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,AMBALAPUZHA PETITIONERS/ACCUSED: 1 DINAKARAN, AGED 60 YEARS, S/O.VELU, ALISSERIYIL (SUDEEPAM) WARD NO.12, 2 XAVIER, AGED 32 YEARS, S/O.JAMES PALLIKKATHAYIL, WARD NO.14, 3 NALINAKSHAN AVESHAM, AGED 56 YEARS, S/O.VELUNNI, THEKKEVEEDU, WARD NO.14, 4 SHAJI.D., AGED 38 YEARS, S/O.DIVAKARAN, KOYIPARAMBU, WARD NO.13, 5 KRISHNAN KATTUNKAL PURTHI, AGED 65 YEARS, S/O.GOPALAN, KATTUNGAL, WARD NO.14, 6 SUDHARSANAN, AGED 33 YEARS, S/O.THANKAPPAN PUDUVAL, WARD NO.14, Crl.M.C.No.4944/2013 2 7 D.SURESH, AGED 50 YEARS, S/O.DAMODHARAN, ALISSERIYIL (KARTHIKA) WARD NO.13, 8 SUNILKUMAR.R., AGED 44 YEARS, S/O.RAGHAVAN, KARUKAPARAMBU, WARD NO.14, 9 REMESAN, AGED 48 YEARS, S/O.SADHUPALAN KARUKAPARAMBU, WARD NO.14, 10 RAJIMON, AGED 40 YEARS, S/O.SEERPANI, KAYIPARAMBU,WARD NO.14, 11 LAIJU, AGED 34 YEARS, S/O.GOPI, THEKKEVEEDU, WARD NO.13, 12 KALESH, AGED 28 YEARS, S/O.KAMALAN PUDUVAL, ALISSERIYIL, WARD NO.14, 13 SUNEESH, AGED 29 YEARS, S/O.SURENDRAN, KARUKAPARAMBU,WARD NO.13, 14 LALBABU, S/O.ANANTHAN, KURISHUPARAMBU, WARD NO.14, Crl.M.C.No.4944/2013 3 15 ANUMON, AGED 44 YEARS, S/O.VELUNNI, THEKKEVEEDU, WARD NO.13, 16 DEVADAS, AGED 45 YEARS, S/O.PURUSHOTHAMAN, PANEDAMTHARA, WARD NO.13, 17 PARAMESH JANAKAN, AGED 37 YEARS, S/O.JANAKAN, ALISSERIL, WARD NO.13, 18 PUSHPARAJAN, AGED 35 YEARS, S/O.PURUSHOTHAMAN, PANEDAMTHARA, WARD NO.13, 19 VEENADHARAN, AGED 32 YEARS, S/O.PADMANABHAN, ALISSERIL, WARD NO.14, 20 RATHEESH, AGED 38 YEARS, S/O.UDAYABHANU, PUTHUVAL, WARD NO.14, 21 THULASIMANI, AGED 40 YEARS, S/O.SURENDRAN, POZHIKADVIL, WARD NO.13, 22 VALSALA UDAYAN, AGED 42 YEARS, W/O.UDAYAN PUDUVAL,WARD NO.14, Crl.M.C.No.4944/2013 4 23 SARALA RAJIMON, AGED 34 YEARS, W/O.RAJIMON, KOIPARAMBU, WARD NO.14, 24 SOMAJA BHUVANESWAR, AGED 41 YEARS, W/O.BHUVANESHWAR,ALISSERIYIL, WARD NO.13, 25 SREELEKHA, AGED 38 YEARS, W/O.THANKARAJ, KUTANATHANPARAMBU, WARD NO.15, 26 MADHUMATHI SUNILKUMAR, AGED 40 YEARS, W/O.SUNILKUMAR, KARUKAPARAMBU, WARD NO.14, 27 SREELATHA VINOD, AGED 37 YEARS, W/O.VINOD BABU, ALISSERIL, WARD NO.14, 28 SHERLY RAJENDRAN, AGED 34 YEARS, W/O.RAJENDRAN, PUTHUVAL, WARD NO.14, 29 MINI, AGED 35 YEARS, W/O.PODIYAN, KIZHAKKETAYIL, WARD NO.14, 30 ANJANABHAI, AGED 41 YEARS, D/O.SARASAMMA, KADAPURAM PUTHUVAL, WARD NO.14, Crl.M.C.No.4944/2013 5 31 YAMUNA AZHOKAN, AGED 40 YEARS, W/O.ASHOKAN, PUTHUVAL, WARD NO.14, 32 GIRIJA SADIDHRAN, AGED 37 YEARS, W/O.SASIDHARAN, PUTHUVAL, WARD NO.14, 33 SANTHAKUMARI, AGED 42 YEARS, W/O.RAMESHAN, KARUKAPARAMBU,WARD NO.13, 34 KAMALA, AGED 51 YEARS, D/O.SARASAMMA, KADAPURAM PUTHUVAL,WARD NO.14, 35 MAYA, AGED 33 YEARS, W/O.KUNJUMON, PUTHUVAL, WARD NO.14, 36 SAJIMON, S/O.BHAKSARAN, PUTHUVAL, WARD NO.12, 37 PRATHAPAN, S/O.MANOHARI PUTHUVAL, WARD NO.12, 38 SAJIMON, S/O.GOPI, PUTHUVAL VEEDU, WARD NO.1, AMBALAPPUZHA NORTH PANCHAYATH, ALAPPUZHA. 39 SUNIMON, S/O.ASHOKAN, PUTHUVAL VEEDU, WARD NO., AMBALAPPUZHA NORTH PANCHAYATH, ALAPPUZHA. Crl.M.C.No.4944/2013 6

40 SAJI, S/O.NALINAKSHAN, PUTHUVAL THEKKEVELIVEEDU, WARD NO.13, PUNNAPRA SOUTH PANCHAYATH, ALAPPUZHA.

41 SUMESH, S/O.PURUSHAN ALISSERY, WARD NO.13, 42 KRISHNAKUMAR, S/O.CHANDRAN, ANJILIPARAMBU, WARD NO.13, 43 RENJITH, S/O.RAMESHAN, KOIPARAMBU VEEDU, WARD NO.13, 44 SUDHEESH, AGED 33 YEARS, S/O.THANKAPPAN, PUTHUVAL VEEDU, WARD NO.14, 45 LALAN, S/O.KUNJANTIKUTTY, ANJILIPARAMBU, WARD NO.14, BY ADVS. SRI.K.SHRIHARI RAO SRI.K.S.BALAKRISHNAN SMT.N.SHOBHA RESPONDENTS/COMPLAINANTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. Crl.M.C.No.4944/2013 7

2 K.A.SIYAD, S/O.ABDUL LATHEEF, PEARL HOUSE, VAZHICHERRY WARD, ALAPPUZHA, ALAPPUZHA DISTRICT-688 001. BY ADV SRI.C.A.CHACKO THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.4944/2013 8

ORDER

This Crl.M.C. is filed challenging Annexure-B order passed by the Judicial First Class Magistrate Court, Ambalapuzha, by which the application submitted by the Asst.Public Prosecutor under Section 321 Cr.P.C. to withdraw the prosecution is dismissed. Today when the matter came up for consideration, the learned counsel for the petitioner submitted that the trial of the CMP.No.5592 of 2013 in C.C.No.1525 of 2011 on the file of the Judicial First Class Magistrate Court, Ambalapuzha has already commenced and now the matter stands posted for evidence on 28.02.2022 for further evidence. In such circumstances, further orders are not necessary in this case. Accordingly, this Crl.M.C. is closed without prejudice to the contentions of the petitioner. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/21.02.23 Crl.M.C.No.4944/2013 9 APPENDIX OF CRL.MC 4944/2013 PETITIONER ANNEXURES

ANNEXURE-A.TRUE COPY OF THE G.O.(RT) NO.1108/2011/IND DATED 7/9/2011 OF THE INDUSTRIES DEPARTMENT, GOVERNEMNT OF KERALA.

Same Court & Year Kerala Orders · 2023 Same Parties Dinakaran vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.