Sooraj v. State of Kerala
Case brief
What is this about?
Petitioner accused in a caste atrocity case sought quashing of proceedings under S. 482 CrPC after investigation established identity substitution. High Court held such identity disputes are for trial court.
What did the court decide?
Petition disposed of; liberty to move trial court for discharge granted; Sessions Judge ordered to dispose discharge application within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
SATURDAY, THE 23RD DAY OF MARCH 2013/2ND CHAITHRA 1935
Crl.MC.No. 345 of 2013 ()
SC.77/2011 of SUB COURT, CHERTHALA CRIME NO. 29/2009 OF POOCHAKKAL POLICE STATION , ALAPPUZHA
PETITIONER(S)/ACCUSED NO.8 :
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SOORAJ, AGED 24 YEARS S/O.SUKUMARAN NAIR, AMBADI, PALLIPPURAM P.O., CHERTHALA.
BY ADV. SRI.B.PRAMOD
RESPONDENTS/COMPLAINANT(S) & CHARGE WITNESS NOS.1 & 2 :
Issues for consideration
1 issue framed by the court
Whether an application under Section 482 CrPC to quash proceedings is maintainable when accused claims identity was substituted by a head constable.
Parties & counsel
- petitioner
SOORAJ
- respondent
STATE OF KERALA
- respondent
BABU
- respondent
PRASANNAN
Coram
Case details
As recorded by the court registry
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