Viswanatha Panicker vs State Of Kerala
2021 Latest Caselaw 8399 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                      Crl.MC.No.5826 OF 2020(G)

 AGAINST THE ORDER/JUDGMENT IN SC 957/2019 OF III ADDITIONAL SUB
                        COURT, ERNAKULAM

 CRIME NO.79/2016 OF Tripunithura Excise Range Office , Ernakulam


PETITIONER/ACCUSED:

             VISWANATHA PANICKER
             AGED 62 YEARS
             S/O.K.P.NAIR, SOUBHAGAYA HOUSE,
             NIRVATHU ROAD, MARADU DESOM,
             KANAYANNOOR TALUK, ERNAKULAM DISTRICT.

             BY ADV. SRI.K.MANOJ CHANDRAN

RESPONDENT/STATE/COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682031.

      2      THE CIRCLE INSPECTOR OF EXCISE
             EXCISE CIRCLE OFFICE, ERNAKULAM - 682 035.

             SMT. M.K.PUSHPALATHA, SR.PUBLIC PROSECUTOR

    THIS   CRIMINAL   MISC.   CASE   HAVING   BEEN   FINALLY   HEARD   ON
12.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5826 OF 2020
                             -2-

                          ORDER

When this matter has been taken up for hearing, the

learned Senior Public Prosecutor, Adv.Smt.M.K.Pushpalatha

has submitted that the learned Public Prosecutor appearing

for the State before the trial court concerned proposes to

file a fresh application under Section 321 Cr.P.C. before the

trial court. In view of the above submission, no order is

required in this Crl.M.C. Accordingly, this Crl.M.C. stands

closed.

However, I make it clear that if any application under

Section 321 Cr.P.C. is filed by the learned Public Prosecutor

concerned, the trial court concerned shall consider and

dispose of the said application, in accordance with law,

independently and untrammeled by any of the observations

in Annexure-G order.

Sd/-

B.SUDHEENDRA KUMAR JUDGE Nkr/12.03.2021 Crl.M.C.No.5826 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN S.C.NO.957/2019 WHICH IS ARISEN FROM CRIME NO.79 OF 2016 OF EXCISE RANGE OFFICE, TRIPUNITHURA.

ANNEXURE B TRUE COPY OF THE WEDDING INVITATION CARD EVIDENCING MARRIAGE ON 21/08/2016.

ANNEXURE C TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF SRI.RADHAKRISHNA PANICKER.

ANNEXURE C1 TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF SRI.A.MURALEEDHARAN PILLAI.

ANNEXURE C2 TRUE COPY OF RELEVANT PAGED OF PASSPORT OF SRI.BALAKRISHNAN NAIR.

ANNEXURE D TRUE COPY OF EX-SERVICE MEN IDENTITY CARD AND LIQUOR CARD OF PETITIONER'S BROTHER M.KRISHNA PANICKER.

ANNEXURE D1 TRUE COPY OF EX-SERVICE MEN IDENTITY CARD AND LIQUOR CARD OF PETITIONER'S BROTHER M.SADASIVA PANICKER.

ANNEXURE E TRUE COPY OF THE CIRCULAR NO.A1-

16579/1998 DATED 31/08/1998

ANNEXURE F TRUE COPY OF THE ORDER NO.2160993/G1/18/TD DATED 18/02/2019.

ANNEXURE G TRUE COPY OF THE ORDER DATED 03/06/2019 IN CMP 497/2019 IN CP NO.10/2019.