Suresh K.C vs State Of Kerala
2023 Latest Caselaw 11724 Ker

WP(C) No.16107/2021                       1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
           Thursday, the 16th day of November 2023 / 25th Karthika, 1945
                             WP(C) NO. 16107 OF 2021(K)
   PETITIONER:

          SURESH K.C., AGED 46 YEARS, S/O. CHEKKAN, KANHIRATHINKAL VEEDU,
          TAMBAN KADAVU POST, THRISSUR.

   RESPONDENTS:

      1. STATE OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT-695001, REPRESENTED BY THE ADDITIONAL
         CHIEF SECRETARY.

          AND ANOTHER


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to provisionally stay the operation of Exhibits P2 Government
   Order to the extent it relates to re-incarceration of the petitioner's
   brother Shri Phalgunan, permitting his release as per Ext.P5 & P6 pending
   disposal of the Writ Petition.

        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   12-08-2021 and upon hearing the arguments of M/S. ARUN KRISHNA DHAN,
   T.K.SANDEEP, ARJUN SREEDHAR & ALEX ABRAHAM, Advocates for the petitioner,
   the court passed the following:-

                                                           p.t.o
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                                             1
       WP(C) No.16107 of 2021


                                     C.S DIAS,J.
                                  ---------------------------
                             WP(C) No.16107 of 2021
                                 -----------------------------
                      Dated this the 16th day of November, 2023

                                         ORDER

The learned counsel appearing for the petitioner

submits that the first respondent has passed Ext P2 order

without considering the fact that the petitioner's brother,

named, Phalgunan was acquitted by the Court of the

First Additional Assistant Sessions Judge, Thrissur, by

Ext P3 judgment and also acquitted in other case by the

judgment of this Court in Crl.A No.1069/2019 dated

5.10.2023. Therefore, the petitioner seeks time to

produce the subsequent judgment passed by this Court.

He also submits that the second respondent may not hold

a sitting unless directed by this Court.

WP(C) No.16107/2021 3/4

WP(C) No.16107 of 2021

In view of the above submission, the learned

Government Pleader shall ascertain from the respondents

as to when the second respondent proposes to hold its

next sitting. The petitioner would be at liberty to

produce additional materials.

Post on 23.11.2023.

sd/-

       sks/16.11.2023                                  C.S.DIAS, JUDGE




16-11-2023                        /True Copy/                 Assistant Registrar
 WP(C) No.16107/2021                    4/4

                       APPENDIX OF WP(C) 16107/2021
Exhibit P2            TRUE COPY OF THE G.O.(MS)NO.202/2020/HOME DATED
                      28.10.2020.
Exhibit P3            A TRUE COPY OF THE JUDGEMENT DATED S.C.NO.1045/2017

BEFORE THE FIRST ADDITIONAL SESSIONS COURT,THRISSUR.

16-11-2023 /True Copy/ Assistant Registrar