Xxxxxx vs State Of Kerala, Represented By Public ...
2024 Latest Caselaw 33001 Ker

Kerala High Court

Xxxxxx vs State Of Kerala, Represented By Public ... on 14 November, 2024

                                                  2024:KER:85220

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946

                    CRL.MC NO. 9550 OF 2024

    CRIME NO.1173/2023 OF KADAKKAL POLICE STATION, KOLLAM
        AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1580 OF 2023
           OF FAST TRACK SPECIAL COURT, KOTTARAKKARA

PETITIONER/DEFACTO COMPLAINANT:

           XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX

           BY ADVS.
           V.S.SHIRAZ BAVA
           V.E.ABDUL GAFOOR
           A.MOHAMMED SAVAD
           T.R.VISHNU
           NAINU P.A.
           RESMI M.S.
           ANJANA T.S.
           ADEEN NAZAR
           SREERAJ S. RAJARAM
           RAIHAN K.A.
           ALEENA C. BABU


RESPONDENTS:

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

    2      THE STATION HOUSE OFFICER,
           KADAKKAL POLICE STATION, KOLLAM, PIN - 691536

    3      XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX
                                                          2024:KER:85220

CRL.MC NO.9550 OF 2024

                                 2




OTHER PRESENT:

          SR PP RENJIT GEORGE


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   14.11.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED    THE
FOLLOWING:
                                                           2024:KER:85220

CRL.MC NO.9550 OF 2024

                                    3



                                ORDER

Dated this the 14th day of November, 2024

This Criminal Miscellaneous Case has been filed under

Section 528 of the Bharatiya Nagarik Suraksha Sanhita,

2023, by the petitioner seeking the following reliefs:-

I. To set aside Annexure 4 order passed by the Fast Track Special court, Kottarakkara dated 18.10.2024 with a direction to the 3rd respondent to conduct a further Investigation based on Annexure 3 report.

II. To direct the 3rd respondent to conduct further investigation in Crime No.1173/2023 of Kadakkal Police Station based on Annexure 3 report.

2. When the matter came up for consideration, the

learned counsel for the petitioner seeks permission to

withdraw this petition on the submission that there are

defects in the petition.

3. Permission granted with liberty to file a fresh

petition.

2024:KER:85220

CRL.MC NO.9550 OF 2024

Accordingly, this Crl.MC is dismissed as withdrawn.

Registry is directed to forward a copy of this order to the

jurisdictional court within three days, for information and

further steps.

Sd/-

A. BADHARUDEEN JUDGE Pvv 2024:KER:85220

CRL.MC NO.9550 OF 2024

PETITIONER'S ANNEXURES

ANNEXURE A1 TRUE COPY OF THE REPRESENTATION DATED 07/06/2024 FILED BEFORE THE 2ND RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN OP CRL NO 452/2024 DATED 27.06.2024 ON THE FILES OF HIGH COURT OF KERALA.

ANNEXURE A3 TRUE COPY OF THE REPORT OF THE DEPUTY SUPERINTENDENT OF POLICE DATED 19.9.2024

ANNEXURE A4 TRUE COPY OF THE ORDER IN CRL MP NO.

764/24 IN SC 1580/2023 ISSUED BY FAST TRACK SPECIAL JUDGE, KOTTARAKARA DATED 18.10.2024