Biju vs State Of Kerala
2021 Latest Caselaw 2121 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      Crl.MC.No.8645 OF 2019(A)

  AGAINST THE ORDER/JUDGMENT IN SC 916/2019 OF SPECIAL COURT FOR
               SC/ST (POA) ACT CASES, KOTTARAKKARA

      CRIME NO.1114/2018 OF Paravoor Police Station , Kollam


PETITIONER/ACCUSED:

             BIJU,
             AGED 40 YEARS
             S/O.GOPINATHAN,
             SANKAMAM HOUSE,
             POZHIKKARA CHERI,
             PARAVOOR VILLAGE, KOLLAM.

             BY ADVS.
             SRI.R.MOHANA BABU
             SRI.M.AJITH (KARICODE)

RESPONDENTS/COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

      2      ANIL PRAKASH,
             AGED 51 YEARS,
             S/O.BHASKARAN,
             PADINJATAZHIKAM VEEDU,
             EECHATAZHIKAM MUKKIL,
             POZHIKKARA CHERI, PARAVOOR VILLAGE,
             KOLLAM - 691 301.

             R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION

             ADGP SURESH BABU THOMAS

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8645 OF 2019(A)

                                       2




                                  ORDER

Dated this the 19th day of January 2021

Even though the learned counsel for the

petitioner argued the matter at length, I am not

inclined to grant the prayer for quashing the

proceedings since the decision is to be taken

based on appreciation of evidence, which this

court is not expected to do while exercising

jurisdiction under Section 482 of Cr.PC. Learned

counsel for the petitioner therefore sought

permission to withdraw the Criminal M.C with

liberty to move an application for discharge

before the Trial Court.

The request is accepted and the Criminal M.C

is dismissed as withdrawn with the liberty

sought.

Sd/-

                                                   V.G.ARUN

Sn                                                   JUDGE
 Crl.MC.No.8645 OF 2019(A)




                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A           CERTIFIED COPY OF THE FIR IN CRIME

NO.1114/2018 OF PARAVUR POLICE STATION.

ANNEXURE B TRUE COPY OF THE REPORT SUBMITTED BY WOMAN PROTECTION OFFICER TO JFMC-I, PARAVUR DATED 04/05/2017.

ANNEXURE C CERTIFIED COPY OF THE CHARGE SHEET IN SC 916/2019 OF SPECIAL COURT FOR SC/ST (POA) ACT CASES, KOTTARAKKARA.

ANNEXURE D TRUE COPY OF FIR WITH FIS IN CRIME 1147/2018 OF PARAVUR POLICE STATION.

ANNEXURE E TRUE COPY OF THE CHARGE SHEET IN CC 705/2019 PENDING BEFORE JFMC (TEMPORARY) COURT, PARAVUR.

ANNEXURE F TRUE COPY OF THE PETITION SUBMITTED TO CI OF POLICE, PARAVUR.

ANNEXURE G TRUE COPY OF THE RECEIPT RECEIVING ANNXURE F DATED 19/10/2018 FROM PARAVUR POLICE STATION IN PETITION NO.135461/2018.

RESPONDENTS'S/S EXHIBITS: NIL

Sn

//TRUE COPY// PA TO JUDGE