Dismissed

K.C.Sreelal v. Sub Inspector

Kerala HC20 Jan 2014Crl.MC/285/2014

Case brief

AI extract

What is this about?

Crl.M.C. filed to quash FIR under Sections 498A and 342 IPC. Court found no sustainable ground for interference and dismissed petition without prejudice to petitioner's right to prefer discharge application. Court directed Magistrate Court to consider bail application if petitioner surrenders within three weeks.

What did the court decide?

Petition dismissed without prejudice to rights for discharge application; bail application conditions laid down.

K.C.Sreelal Vs Sub Inspector — Quashing and FIR | 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 HARUN-UL-RASHID

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MONDAY, THE 20TH DAY OF JANUARY 2014/30TH POUSHA, 1935

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Crl.MC.No. 285 of 2014 ()

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-------------------------CRIME NO. 3411/2013 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DIST.

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PETITIONER/ACCUSED:

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K.C. SREELAL, AGED 36 YEARS, S/O.A. CHELLAPPAN NAIR, KUDIYIRIKKAL (KUTTOPPILLY) HOUSE, PONJASSERY P.O., PONJASSERY JUNCTION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 547.

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BY ADVS.SRI.R.O.MUHAMED SHEMEEM, SMT.NASEEHA BEEGUM P.S.

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RESPONDENTS/COMPLAINANT:

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1. SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR-683 542.

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2. SMITHA K.G., W/O.K.C.SREELAL, KUDIYIRIKKAL (KUTTOPPILLY) HOUSE, PONJASSERY P.O., PONJASSERY JUNCTION, PERUMBAVOOR, ERNAKULAM DITRICT-683 547.

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3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.

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R1 & R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Crl.MC.No. 285 of 2014

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE-1. CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 27/11/2013 IN CRIME NO.3411/2013 OF PERUMBAVOOR POLICE STATION ANNEXURE-2. TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/12/2013 ISSUED BY THE CITY HOSPITAL ERNAKULAM, NAME OF SYAMKRISHNA. ANNEXURE-3. TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/12/2013 ISSUED BY THE CITY HOSPITAL ERNAKULAM, NAME OF SIVAKRISHNA.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.A. TO JUDGE

rs.

HARUN-UL-RASHID, J.

Crl.M.C.No. 285 of 2014

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Dated this the 20^th day of January, 2014

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ORDER

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The petitioner is the sole accused in Crime No.3411 of 2013 of Perumbavoor Police Station, Perumbavoor. The offences alleged against the petitioner is punishable under Sections 498A and 342 of the Indian Penal Code. The Crl.M.C. is filed seeking to quash the Annexure-1 First Information Report in Crime No.3411 of 2013.

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2.It is contended that the allegations are contained in

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Annexure-1 F.I.R totally lacks the basic ingredients of Section 498A of IPC., that there are no independent witnesses or documents to prove the allegations raised and on the contrary the witnesses cited were the complainant's mother, brother and neighbouring friends. It is contended that the allegations are too vague and general, unspecific and indefinite and such allegations do not prima facie constitute the alleged offence.

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I have examined the materials on record. I find that no

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Crl.M.C.No. 285 of 2014

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sustainable ground are made out for interference. Therefore, this Crl.M.C. is dismissed without prejudice to the rights of the petitioner to prefer application for discharge at the appropriate stage, if so advised. In the event of filing application as aforesaid, Judicial First Class Magistrate Court, Perumbavoor shall consider the same and pass appropriate orders within a period of 'three' months from the date of filing the application. The petitioner is willing to surrender before the Magistrate Court concerned. In the event of the petitioner surrendering before the Magistrate's Court within a period of three weeks from today, with prior notice to the Assistant Public Prosecutor, the learned Magistrate shall consider the bail application on the date of surrender itself. Personal appearance of the petitioner is disposed with during the pendency of discharge application.

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HARUN-UL-RASHID, JUDGE

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AMV

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Crl.M.C.No. 285 of 2014

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K.C.Sreelal v. Sub Inspector

Case brief

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K.C.Sreelal v. Sub Inspector

Case brief

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