Dismissed

Shahul Hameedu K v. State of Kerala

Kerala HC9 Sept 2013Crl.MC/1524/2010

Case brief

AI extract

What is this about?

The court dismissed a petition seeking quashing of an FIR under Section 482 CrPC. The judge held that the trial was already in progress after the filing of the final report, framing of charges, and completion of prosecution evidence, making the stage inappropriate for invoking the Section 482 provision.

What did the court decide?

The petition under Section 482 CrPC to quash the FIR was dismissed.

Shahul Hameedu K Vs State of Kerala — Quashing and FIR | Kerala HC (2013)

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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 K.RAMAKRISHNAN

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MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935

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Crl.MC.No. 1524 of 2010 ( )

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CRIME NO.810/2009 OF KOTTARAKKARA POLICE STATION.

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PETITIONERS/ACUSSED 1 & 2 :

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1. SHAHUL HAMEEDU. K, AGED 45, S/O.KASSIM, KUNJU, SHAN MANZIL, AVANEESWARAM MURI, VILAKKUDY VILLAGE, PATHANAPURAM TALUK.

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2. RASHEEDA SHAHUL,AGED 39 YEARS, W/O.SHAHUL HAMEED, SHAN MANZIL, AVANEESWARAM MURI, VILAKKUDY, PATHANAPURAM.

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BY ADVS.SRI.PRAVEEN K. JOY, SRI.T.A.ABDUL RASHEED.

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RESPONDENTS/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KOTTARAKKARA.

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2. IKBAL ANZOOR, AGED 64, S/O.USMAN RAWTHER, PUTHEN BUNGLAWU, KIZHAKKETHERUNIL, KOTTARAKKARA.

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R1 BY PUBLIC PROSECUTOR SMT.V.H. JASMINE. R2 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 1524 of 2010

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE I COPY OF THE ATTACHMENT PETITION IN THE SUIT BEFORE SUB COURT, KOTTARAKKARA. ANNEXURE II COPY OF THE FIR NO.810/2009 OF KOTTARAKKARA POLICE BEFORE JFCM-I, KOTTARAKKARA. ANNEXURE III COPY OF THE COMPLAINT BEFORE THE SUPERINTENDENT OF POLICE, KOLLAM.

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RESPONDENT'S ANNEXURES:-

NIL.

//TRUE COPY//

P.A. TO JUDGE.

rs.

K.RAMAKRISHNAN, J.

----------------------------------------------------------------Crl.M.C. No.1524 of 2010

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Dated this the 9^th day of September, 2013

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O R D E R

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This is an application filed by the petitioner, who is the accused in Crime No.810/2009 of Kottarakkara Police Station, to quash the F.I.R under Section 482 of the Code of Criminal Procedure. When the case came up for hearing, today the counsel for the 2^nd respondent submitted that, in this case, after investigation final report has been filed and after framing charge, trial of the case is started. On the basis of this submission, I have directed the Registrar (Judicial) to ascertain the present stage of the above case and on instruction Registrar (Judicial) submitted that, final report has been filed in that case and the court has taken cognizance of the case as C.C. No.1706/2009 and prosecution evidence is over and the case is posted for examination of the accused under Section 313 of the Code of Criminal Procedure. So, under the above circumstances, I feel that it is not a fit case to invoke Section 482 Cr.P.C at this stage and quash

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Crl.M.C. No.1524 of 2010

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the proceedings as trial of the case, as already stated, is in progress. The petitioner is at liberty to proceed the case and question the propriety of the final order passed in that proceedings, in accordance with law.

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With the above observation, the petition is

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dismissed.

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Sd/K. Ramakrishnan, Judge

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// True Copy //

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P.A. to Judge

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Shahul Hameedu K v. State of Kerala

Case brief

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Shahul Hameedu K v. State of Kerala

Case brief

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