Remanded

Nelson and Others v. State of Kerala and Another

Kerala HC24 Sept 2008Crl.MC/3041/2008

Case brief

AI extract

What is this about?

In this criminal miscellaneous case regarding quashing of an FIR, the petitioner challenged the inclusion of an allegation under the SC/ST Act which prevented them from seeking anticipatory bail. The court admitted the petition, directed the prosecutor to reconsider the specific charge, and granted interim protection against arrest pending further scrutiny.

What did the court decide?

Quashing of the allegation under Section 3(1)(x) of the SC/ST Act; interim direction not to arrest petitioners on that ground; investigation to continue with specific review of said charge.

Nelson and Others Vs State of Kerala and Another — Caste Atrocities | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930

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Crl.MC.No. 3041 of 2008()

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------------------------FOR QUASHING FIR NO.208/08 OF KUTHIATHODU POLICE STATION

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PETITIONERS:

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NELSON, S/O.PATHROSE THAYYIL, VADAKEKKADU COLONY, PADINJARE MANAKKODAM, THURAVOOR, CHERTTHALA

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SEENA, W/O.NELSON, THAYYIL, VADAKEKKADU COLONY, DO.DO.

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SUBHAGAN, S/O.MADHAVAN, VADAKEKKADU, VADAKEKKADU COLONY, DO.DO.

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LATHA, W/O.SUBHAGAN, DO.DO.

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BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS

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RESPONDENT(S):

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

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CHANDRIKA, W/O.KARTHIKEYAN, SHAPPUTHARA VEEDU, WARD NO.17, THURAVOOR PANCHAYATH, CHERTHALA.

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R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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- - - - Crl.M.C.No. 3041 of 2008

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Dated this the 24th day of September, 2008

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O R D E R

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The learned Prosecutor reports that long prior to the institution of this proceedings and the passing of the interim order on 17.9.2008, the investigation was completed and the final report has already been filed. Cognizance has been taken by the learned Magistrate. The learned counsel for the petitioners, in these circumstances, submits that without prejudice to their right to challenge the said final report in appropriate proceedings, this Crl.M.C. can now be dismissed as unnecessary. Request accepted.

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This Crl.M.C. is dismissed. Needless to say, dismissal of this Crl.M.C. will not in any way affect the rights of the petitioners to raise appropriate contentions against the final report filed before appropriate authorities.

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(R. BASANT) Judge

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Crl.M.C.No. 3041 of 2008

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R. BASANT, J.

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- - - - Crl.M.C.No. 3041 of 2008

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- - - - Dated this the 12th day of August, 2008

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O R D E R

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The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The petitioner has come to this Court with a short prayer that the allegations under Section 3(1)(x) of the Act raised in the F.I.R. is totally unjustified. That inclusion works out pernicious consequences against the petitioner. He is unable to surrender before the Investigating Officer or the Magistrate. He is unable to seek anticipatory bail in view of Section 18 of the Act. In these circumstances invoking the powers under Section 482 Cr.P.C. the unjustified inclusion of the allegation under Section 3(1)(x) may be quashed.

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I have considered the submissions of the learned counsel. This Crl.M.C. is admitted. Notice given. The learned Prosecutor shall take instructions. The investigation can continue. By the next date of

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Crl.M.C.No. 3041 of 2008

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hearing the Investigating Officer shall specifically say whether he still wants the allegation under Section 3(1)(x), which is there in the FIR to continue. If he is not satisfied that such offence is not necessary, he can apply for deletion of the said section. Call on 16.9.2008.

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There shall be an interim direction that the petitioners shall

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not be arrested on the allegation that they have committed an offence punishable under Section 3(1)(x) of the Act till 16.9.2008.

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(R. BASANT) Judge

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Nelson and Others v. State of Kerala and Another

Case brief

What is this about?

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Nelson and Others v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

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