High Court of KeralaCrl.MC/794/2015dismissed as withdrawn

Praveena v. State Of Kerala

2015-10-29Honourable Mr. Justice P.Ubaid2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 794 of 2015 () -------------------------- CC 1487/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PARAPPANANGADI CRIME NO. 383/2012 OF PARAPPANGADI POLICE STATION, MALAPPURAM DISTRICT =========================== PETITIONER/2ND ACCUSED:

----------------------------------------- PRAVEENA, AGED 40 YEARS W/O.VIJAYAKUMAR @ DR SANTHOSH MENON, SANIYA VILLA THONNANKAVU, INDUS GARDEN ROAD, VIYYUR THRISSUR BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENT/DEFACTO COMPLAINANT & STATE:

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1. STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM

2. MANJUSHA, D/O.VASU, KUNJOTTU HOUSE PUTHENPEEDIKA, PARAPPANANGADI MALAPPURAM-676303 R1 BY ADV. PUBLIC PROSECUTOR SMT. SHEEBA M.T. R2 BY ADV. SRI.P.JAYABAL MENON R2 BY ADV. SRI.JAGAN ABRAHAM M.GEORGE R2 BY ADV. SMT.K.J.GISHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. UBAID, J.

--------------------------------------- Crl.M.C.No.794 of 2015 --------------------------------------- Dated this the 29th day of October, 2015

O R D E R

Learned counsel for the petitioner seeks permission to withdraw the Crl.M.C. with liberty to file an application for discharge before the trial court. The learned counsel also requests for a direction to exempt the petitioner from personal appearance, till decision taken on the application for discharge. As regards insistence on personal appearance, this Court has settled the position in so many decisions. I do not think that the learned Magistrate will mechanically or unnecessarily insist on personal appearance. Any way, let that be considered and appropriately decided by the learned Magistrate. Learned counsel's submission is accepted, and the Crl.M.C. is dismissed as withdrawn, without prejudice to the right of the petitioner to make an application for discharge before the trial court. Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge