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Ratheesh vs Lucky

Ratheesh vs LUCKY

Type Court Judgment Court Kerala Decided Jul 12, 2023
~2 min read
https://sooperkanoon.com/case/1406612

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
/341/2023

Parties & Advocates

Appellant / Petitioner

Ratheesh

Respondent

LUCKY

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 12th day of july 2023 / 21st ashadha, 1945 crl.l.p. no. 341 of 2023 against the order/judgment, st 113/2010 of judicial magistrate of first class -ii, varkala petitioner/complainant: ratheesh aged 32 years s/o.gopinadhan, reena nivas, varkala desom, varkala village, miathanam, thiruvananthapuram. p.aniyan surin george ipe respondents/accused/state: 1 lucky aged 39 years s/o.sathyadas, kadayil veedu, palayamkunnu, ayroor village, varkala, thiruvananthapuram - 695 225. 2 state of kerala rep. by the public prosecutor, high court of kerala, ernakulam -682 031. rajesh r.(varkala) m.kiranlal(k/963/2009) manu ramachandran(k/917/2010) sameer m nair(k/000481/2017) geethu krishnan(k/001199/2021) sailakshmi menon(k/1518/2021) public prosecutor - sri. noushad k.a this criminal leave petition having come up for admission on 12.07.2023, the court on the same day delivered the following: crl. lp no. 341 of 2023bechu kurian thomas, j.…………………...……………………… crl.lp. no. 341 of 2023 ………………………………..……………………… dated this the 12th day of july, 2023orderthis is an application seeking leave to prefer an appeal against the judgment of acquittal dated 16.6.2015 in s.t no.113/2010 on the files of judicial first class magistrate court - ii, varkala.2. having heard sri. aniyan p, the learned counsel for the petitioner as well as the learned counsel for the 1 st respondent. i am satisfied that the petitioner ought to be granted leave to prefer an appeal.3. accordingly leave to prefer an appeal against thejudgment of acquittal dated 16.6.2015 in s.t. no.113/2010 onthe files of the judicial first class magistrate court-ii, varkala, is granted. criminal leave petition is allowed. sd/- bechu kurian thomas judge rvm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945 CRL.L.P. NO. 341 OF 2023 AGAINST THE ORDER/JUDGMENT, ST 113/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, VARKALA PETITIONER/COMPLAINANT: RATHEESH AGED 32 YEARS S/O.GOPINADHAN, REENA NIVAS, VARKALA DESOM, VARKALA VILLAGE, MIATHANAM, THIRUVANANTHAPURAM. P.ANIYAN SURIN GEORGE IPE RESPONDENTS/ACCUSED/STATE: 1 LUCKY AGED 39 YEARS S/O.SATHYADAS, KADAYIL VEEDU, PALAYAMKUNNU, AYROOR VILLAGE, VARKALA, THIRUVANANTHAPURAM - 695 225. 2 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031. RAJESH R.(VARKALA) M.KIRANLAL(K/963/2009) MANU RAMACHANDRAN(K/917/2010) SAMEER M NAIR(K/000481/2017) GEETHU KRISHNAN(K/001199/2021) SAILAKSHMI MENON(K/1518/2021) PUBLIC PROSECUTOR - SRI. NOUSHAD K.A THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 12.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl. LP No. 341 of 2023

BECHU KURIAN THOMAS, J.

…………………...……………………… Crl.LP. No. 341 of 2023 ………………………………..……………………… Dated this the 12th day of July, 2023

ORDER

This is an application seeking leave to prefer an appeal against the judgment of acquittal dated 16.6.2015 in S.T No.113/2010 on the files of Judicial First Class Magistrate Court - II, Varkala.

2. Having heard Sri. Aniyan P, the learned counsel for the petitioner as well as the learned counsel for the 1 st respondent. I am satisfied that the petitioner ought to be granted leave to prefer an appeal.

3. Accordingly leave to prefer an appeal against the

judgment of acquittal dated 16.6.2015 in S.T. No.113/2010 on

the files of the Judicial First Class Magistrate Court-II, Varkala, is granted. Criminal Leave Petition is allowed. Sd/- BECHU KURIAN THOMAS JUDGE Rvm

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