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Sunil vs Gever

SUNIL vs GEVER

Type Court Judgment Court Kerala Orders Decided Jul 20, 2022
~2 min read
https://sooperkanoon.com/case/1462326

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/4267/2013

Parties & Advocates

Appellant / Petitioner

SUNIL

Respondent

GEVER

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 20th day of july 2022 / 29th ashadha, 1944 against the order/judgmentcrrp 9/2013 of district court & sessions court,thrissur petitioner/revision petitioner: sunil s/o.prabhakaran, pulickken house, p.o.koonamoochi, by adv sri.k.a.satheesa babu respondents: 1 gever s/o.k.p.cheriyan, kollannur house, koonamoochi.p.o., 2 state of kerala represented by the public prosecutor, high court of kerala, ernakulam. other present: pp smt.m.k pushpalatha this criminal misc. case having come up for admission on 20.07.2022, the court on the same day passed the following:bechu kurian thomas, j.----------------------------------------- crl. m.c.no. 4267 of 2013 ---------------------------------------- dated this the 20th day of july, 2022orderthough this court had issued notice to the 1st respondent, the same has not yet been served.2. notwithstanding the above, the learned publicprosecutor upon instructions submitted that the order challenged in this crl. m.c. is an order issued under section 133 of the code of criminal procedure, 1973(for short the act) and that subsequently, final orders under section 138 of the cr.p.c. was issued by the sub-divisional magistrate. it was also submitted that the challenge preferred against the said final order was also later dismissed.in view of the above, the present challenge against the orderunder section 133 does not survive any more. accordingly, this crl. m.c. is dismissed as infructuous. sd/- bechu kurian thomas judge ajm appendix of crl.mc 4267/2013 petitioner annexures annexure 1- final order in m.c.57/12 by executive magistrate (thahasildar), thalappilly. annexure 2- order in crl.r.p.09/2013 by sessions court, thrissur. //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944 AGAINST THE ORDER/JUDGMENTCRRP 9/2013 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER/REVISION PETITIONER: SUNIL S/O.PRABHAKARAN, PULICKKEN HOUSE, P.O.KOONAMOOCHI, BY ADV SRI.K.A.SATHEESA BABU RESPONDENTS: 1 GEVER S/O.K.P.CHERIYAN, KOLLANNUR HOUSE, KOONAMOOCHI.P.O., 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. OTHER PRESENT: PP SMT.M.K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------- Crl. M.C.NO. 4267 of 2013 ---------------------------------------- Dated this the 20th day of July, 2022

ORDER

Though this Court had issued notice to the 1st respondent, the same has not yet been served.

2. Notwithstanding the above, the learned Public

Prosecutor upon instructions submitted that the order challenged in this Crl. M.C. is an order issued under Section 133 of the Code of Criminal Procedure, 1973(for short the Act) and that subsequently, final orders under Section 138 of the Cr.P.C. was issued by the Sub-Divisional Magistrate. It was also submitted that the challenge preferred against the said final order was also later dismissed.

In view of the above, the present challenge against the order

under Section 133 does not survive any more. Accordingly, this Crl. M.C. is dismissed as infructuous. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 4267/2013 PETITIONER ANNEXURES ANNEXURE 1- FINAL ORDER IN M.C.57/12 BY EXECUTIVE MAGISTRATE (THAHASILDAR), THALAPPILLY. ANNEXURE 2- ORDER IN CRL.R.P.09/2013 BY SESSIONS COURT, THRISSUR. //TRUE COPY// PA TO JUDGE

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