Unknown vs By Advs.Sri.Elvin Peter P.J on 9 November, 2017

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Kerala High Court

Unknown vs By Advs.Sri.Elvin Peter P.J on 9 November, 2017

Bench: K.Abraham Mathew

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                  THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

                FRIDAY, THE 13TH DAY OF JULY 2018 / 22ND ASHADHA, 1940

                                 Crl.Rev.Pet.No. 800 of 2018

                 CRIME NO. 310/2015 OF CHANDERA POLICE STATION , KASARGOD



PETITIONER(S)/ACCUSED IN C.C.NO.2601/2015


     PRASANTH JOSEPH
     S/O.T.O.JOSEPH, MALAMKADAVU, PALAVAYAL VILLAGE,
     ASSISTANT SECTION OFFICER,
     RARS (REGIONAL AGRICULTURAL RESEARCH STATION),
     PILICODE, PILICODE VILLAGE.


     BY ADVS.SRI.ELVIN PETER P.J.
             SRI.K.R.GANESH




RESPONDENTS:

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

2.   THE ASSISTANT PUBLIC PROSECUTOR,
     HOSDURG P.O., KANHANGAD, PIN - 671 315.

         BY SR.PUBLIC PROSECUTOR SRI.C.S.HRITHWIK


    THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No. 800 of 2018 ()

                                    APPENDIX

PETITIONER(S)' EXHIBITS

ANNEXURE A1. TRUE COPY OF FIR IN CRIME NO.310/2015 OF CHANDERA
             POLICE STATION.

ANNEXURE A2. TRUE COPY OF COMMUNICATION NO.L2/27/2017/HOME
             DATED 9.11.2017 ISSUED BY THE GOVERNMENT.

ANNEXURE A3. TRUE COPY OF C.M.P.NO.9063/2017 IN C.C.NO.2601/2015
             FILED BY THE ASSISTANT PUBLIC PROSECUTOR BEFORE
             THE JFCM COURT.

ANNEXURE A4. TRUE COPY OF STATEMENT OF OBJECTION FILED BY
             THE ASSOCIATE DIRECTOR, REGIONAL AGRICULTURAL
             RESEARCH STATION.

ANNEXURE A5. CERTIFIED COPY OF ORDER DATED 1.2.2018 IN CMP
             NO.9063/2017 IN CC NO.2601/2015 IN THE FILE OF JFCM
             COURT, HOSDURG.



RESPONDENT(S)' ANNEXURES

                                      NIL

                                                                   /TRUE COPY/

VPS                                                                PS TO JUDGE

                    K.ABRAHAM MATHEW J.
              ---------------------------------------------
                     Crl.R.P. No.800 of 2018
              ---------------------------------------------
             Dated this the 13th day of July, 2018


                               ORDER

Petitioner is the accused in C.C. No.2601 of 2015 on the file of the Judicial Magistrate of First Class-I, Hosdurg. He is alleged to have committed the offences under Section 447 IPC and Section 3(1) of the Prevention of Damage to Public Property Act.

2. The Assistant Public Prosecutor filed Annexure-A3 application under section 321 Cr.P.C. to withdraw from the prosecution. The grounds stated are that the materials relied on by the prosecution are not sufficient to prove the case against the petitioner and the withdrawal from the prosecution will b

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