The petition to quash proceedings under Section 482 CrPC was dismissed because the underlying criminal case had already been disposed of by compounding the offence. No further proceeding is necessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933
Crl.MC.No. 4503 of 2005()
-----------------------------CC.420/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),PUNALUR ....................
PETITIONER(S): ACCUSED IN C.C.NO.420/2005
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MR.JOHNKUTTY, AGED 55, S/O.DANIEL, VRINDAVANAM, ELAMBALA MURI, VILAKKUDI VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADVS. SRI.VARGHESE C.KURIAKOSE
SRI.PRAVEEN K. JOY
RESPONDENT(S):STATE & COMPLAINANT IN C.C.NO.420/2005
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. MINI LAJI, W/O.LAJI PHILIP, PUTHENVILA VEEDU, KARAVALOOR P.O., KARAVALOOR VILLAGE, PATHANAPURAM TALUK, PUNALUR, KOLLAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
svs
THOMAS P.JOSEPH, J.
==================================== Crl. M.C. No.4503 of 2005
==================================== Dated this the 07th day of June, 2011
O R D E R
This petition is filed under Section 482 of the Code of Criminal Procedure (for short, “the Code”) to quash proceedings in C.C. No.420 of 2005 of the court of learned Judicial First Class Magistrate-II, Punalur. But on 05.01.2006 when the matter came up for hearing it was directed that the petition be posted when moved again. Thereafter this petition is coming up for hearing for the first time this day. I directed Registrar (Judicial) to get information from the Judicial Magistrate of First Class-II, Punalur whether C.C. No.420 of 2005 of that court has already been disposed of. Registrar (Judicial) after getting information has reported that C.C. No.420 of 2005 was disposed of on 24.11.2005 as offence was compounded under Section 320(8) of the Code and the case is no longer pending. In view of that, it is not necessary to continue the proceeding.
Criminal Miscellaneous Case is closed.
THOMAS P. JOSEPH, JUDGE.
vsv
2 provisions across 1 enactments
MR.JOHNKUTTY
STATE OF KERALA
MINI LAJI
THOMAS P.JOSEPH
As recorded by the court registry
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