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USHA JOHN, AGED 37 YEARS versus STATE OFKERALA, REPRESENTED BY THE

High Court of Kerala

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USHA JOHN, AGED 37 YEARS v. STATE OFKERALA, REPRESENTED BY THE - Crl MC No. 3281 of 2005(A) [2006] RD-KL 1571 (13 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3281 of 2005(A)

1. USHA JOHN, AGED 37 YEARS,
... Petitioner

Vs

1. STATE OFKERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.C.UNNIKRISHNAN (KOLLAM)

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :13/11/2006

O R D E R

K.R. UDAYABHANU,J

Crl.M.C.No. 3281 OF 2005

Dated this the 13th day of November,2006

ORDER

The petitioner who is the first accused in C.C.1063/2003, with respect to the offence under section 292 (2) (a), read with section 34 I.P.C. and S 7A 1 and 2 of Cinematograph Act 37 of 1952, has sought for getting the proceedings quashed on the ground that she had transferred the ownership of the movie house by name Kannitta Movies vide Annexure A2 sale deed dated 21.12.2002, to one John Britto. The date of the alleged offence of exhibiting the cinema with erotic scenes is 28.4.2003. As per Annexure A4 application she had applied before the Panchayath authorities to transfer the license in favour of the assignee. Annexure A5 is the report of the official of the Panchayath on spot inspection dated 08.09.2003, affirming the fact that the theatre has been sold vide registered document number 4937/02 and recommending that the license can be transferred to the name of John Britto, the assignee. I find that the above case set up is supported by documents produced. In the circumstances the proceedings pending against the petitioner vide C.C.1063/03 is liable to be quashed. Hence, Crl.M.C.No. 3281 OF 2005 2 the proceedings against the petitioner/ the first accused in C.C.1063/03, is hereby quashed. The Crl.M.C., is allowed.

K.R.UDAYABHANU, JUDGE

dvs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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