KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The objection raised by Registry is that there is no Vakalath for the 2nd and 3rd respondents. This is a Crl. M.C. filed by the accused to quash Annexure-A2 Final Report, of course, on the basis of a settlement arrived at between the parties. Though in a settled case, the respondent may also file Vakalath, even before the matter is sent up to the Bench, it cannot be insisted upon, since at least in few cases, the petitioner may choose to seek notice directly to the party, who may or may not appear. In the above circumstances, the petitioner cannot be compelled to ensure the filing of the Vakalath in advance. Hence, there is no basis for the objection of Registry.

(2.) Mr. P.K. Sajeev submitted that he is filing Vakalath on behalf of the 2nd and 3rd respondents. Registry may number the Crl. M.C. and post on 13.12.2016.