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2025 DAILYLAW 5278 (KER)

UDAIF MADATHIPARA v. STATE OF KERALA

WP(Crl.)/371/2025 · 2025-03-24

C Jayachandran

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(CRL.) NO. 371 OF 2025 1 2025:KER:25070 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(CRL.) NO. 371 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 18.11.2024 IN SC NO.1285 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM PETITIONER: UDAIF MADATHIPARA AGED 45 YEARS S/O MUHAMMED , WAFA MANZIL, THRIPPANACHI P.O, KAVANOOR, PULPATTA VILLAGE ,MALAPPURAM, PIN - 673642 BY ADVS. VINU CHAND C.R.VINOD KUMAR GEEVARGHESE MATHEW SHEENA K.S. RAGIN ROY ABIJITH C. RAJAN K. PAUL KEVIN SEBY MANIKATHAN ANU PAUL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE COMMISSIONER OF POLICE COCHIN CITY, COMMISSIONERATE, MARINE DRIVE, ERNAKULAM, PIN - 681031 SMT. SEENA C (PP) THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO. 371 OF 2025 2 2025:KER:25070 C. JAYACHANDRAN, J. ------------------------------------ W.P.(Crl).No.371 of 2025 ------------------------------------ Dated, this the 24th day of March, 2025 ORDER The short grievance of the petitioner is that a look-out notice issued against him, is still subsisting, though the petitioner was tried and acquitted by the Trial Court. Learned counsel for the petitioner would submit that the petitioner is the 2nd accused in Crime No.161/2020 of Ernakulam Central Police Station, which was pending before the Sessions Court (Atrocities and Violence Against Women and Children), Ernakulam as S.C.No.1285/2022. The petitioner was abroad at the time of registration of F.I.R, and he came back to face the trial. He was acquitted as far back as on November 2024. No appeal is carried by the prosecution so far, to the knowledge of the petitioner. The present grievance is that the look-out notice issued at the crime stage is still subsisting, which cause inconvenience and WP(CRL.) NO. 371 OF 2025 3 2025:KER:25070 hardship to the petitioner. 2. Ext.P2 is the judgment acquitting the petitioner/2nd accused. No objection is posed by the learned Public Prosecutor in vacating the look-out notice. 3. In the light of the above referred facts and circumstances, there will be a direction to the 2nd respondent to withdraw the look-out notice issued against the petitioner, in the crime above referred, within a period of two weeks from the date of receipt of a copy of this judgment. This Writ Petition (Crl.) is allowed as indicated above. Sd/- C. JAYACHANDRAN JUDGE ska WP(CRL.) NO. 371 OF 2025 4 2025:KER:25070 APPENDIX OF WP(CRL.) 371/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO.161/2020 OF CENTRAL POLICE STATION ERNAKULAM Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 18/11/2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE ERNAKULAM (FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLANCE AGAINST WOMEN AND CHILDREN) PASSED IN SC NO.1285/2022 ON THE FILE OF THAT COURT Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 12.01.2025 BEFORE THE 1ST RESPONDENT FOR RECALLING THE LOOKOUT NOTICE Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 12.01.2025 BEFORE THE 2ND RESPONDENT FOR RECALLING THE LOOKOUT NOTICE