Disposed

Shiju H v. the State of Kerala

Kerala HC24 Mar 2014Crl.MC/1504/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous case under Section 482 CrPC, the petitioner sought quashing of an FIR regarding vehicle forgery. The Public Prosecutor stated that after investigation, they intended to file a final report. The Court recorded this submission and disposed of the petition accordingly.

What did the court decide?

The petition was disposed of after recording the learned Public Prosecutor's intimation to file a final report.

Shiju H Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2014)

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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 24TH DAY OF MARCH 2014/3RD CHAITHRA, 1936

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Crl.MC.No. 1504 of 2014 ()

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--------------------------CRIME NO. 36/2011 OF MOOZHIYAR POLICE STATION ,PATHANAMTHITTA DISTRICT

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PETITIONER/ACCUSED:

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SHIJU.H, AGED 38 YEARS, S/O M.HASSAN, SHEEJA MANZIL, VETTIPURAM, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.S.SHANAVAS KHAN

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SMT.S.INDU

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RESPONDENT/COMPLAINANAT:

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

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BY PUBLIC PROSECUTOR SMT. S.HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 1504 of 2014 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX A : TRUE COPY OF THE FIR IN CRIME NO.36/2011 OF MOOZHIYAR POLICE STATION ANNEX B : TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE OWNED BY THE PETITIONER ANNEX C : TRUE COPY OF THE INSURANCE CERTIFICATE OF THE VEHICLE ANNEX D : TRUE COPY OF THE ORDER DATED 01.12.2011 IN BAIL APPLICATION NO.8288/2011 OF THIS HON'BLE COURT

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RESPONDENT(S)' ANNEXURES: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

K. Ramakrishnan, J.

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============================== Crl.M.C.No.1504 of 2014

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============================== Dated this, the 24^th day of March, 2014.

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O R D E R

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This is an application field by the petitioner to quash

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further proceedings in Crime No.36/2011 of Moozhiyar Police Station of Pathanamthitta District under Section 482 of Code of Criminal Procedure.

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It is alleged in the petition that the petitioner is the sole accused in Crime No.36/2011 of Moozhiyar Police Station of Pathanamthitta District and the case was registered pursuant to a complaint preferred by Sub Inspector of Police, SBCID, Pathanamthitta. The allegation was that two Maruti Wagon R cars were found having same Registration Number ie., KL-03-R-2026 and the petitioner had committed forgery of the Registration Number and it was on that basis, the above crime was registered. According to the petitioner, the petitioner has not committed any offence and there was no merit in the registration of the crime itself. The petitioner moved an application for anticipatory bail, that was disposed of by this court with a direction to the petitioner to report before the investigating officer with Registration Certificate and

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Crl.M.C.No.1504 of 2014 : 2 :

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connected documents for interrogation and verification of documents. It is also observed that, in the event of the registration certificate being found to be genuine, he shall not be arrested but, may be released. On the other hand, if the certificate is found forged, he shall be produced before the magistrate concerned so as to enable him to apply for regular bail which the learned magistrate shall dispose of on merit if possible on the same day provided due notice is given to the Assistant Public Prosecutor. On that basis, he appeared before the investigating officer and produced relevant documents and on being convinced about the genuineness of the same, the petitioner was released by the investigating officer without recording any arrest and the vehicle was also released to him. But, they are still proceeding with the investigation. So, the petitioner has no other remedy except to approach this court seeking following relief:

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“To call for the records of the case and quash the FIR in Crime No.36/2011 on the file of Moozhiyar Police Station, Pathanamthitta District by allowing this Memorandum of Criminal Miscellaneous case.”

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When the application came up for hearing today, the learned Public Prosecutor submitted that after

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Crl.M.C.No.1504 of 2014 : 3 :

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investigation, they intend to file a refer report before the court in respect of this case. The learned Counsel for the petitioner submitted that the above submission made by the learned Public Prosecutor may be recorded and the petition can be

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disposed of. Accordingly, the submission made by the learned Public Prosecutor is recorded and the petition is disposed of.

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Sd/- K.Ramakrishnan, Judge.

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[True copy]

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P.A to Judge

Shiju H v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shiju H v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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