Dismissed

Joy K.U. v. S.I. of Police, Piravom Police Station

Kerala HC18 Sept 2015Crl.MC/1344/2015

Case brief

AI extract

What is this about?

In Crl.M.C. No. 1344 of 2015, the High Court of Kerala addressed a legal question regarding the applicability of Section 34 of the IPC to offences under the Kerala Police Act, 2011. The Court held that merits of evidence cannot be examined at this stage and directed the trial court to decide the legal issue.

What did the court decide?

The criminal miscellaneous petition was closed; the trial is to be continued, and the trial court shall decide the question regarding the applicability of Section 34 of the IPC.

Joy K.U. Vs S.I. of Police, Piravom Police Station — Criminal Trial and Appeal | Kerala HC (2015)

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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 B.KEMAL PASHA

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937

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Crl.MC.No. 1344 of 2015

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C.C.NO.963/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM

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PETITIONER(S)/ACCUSED:

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1. JOY K.U., KIZHAKKEKARAYAIL HOUSE, THEKKUMMOOTTILPADY BHAGOM, PIRAVOM VILLAGE, ERNAKULAM DISTRICT.

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2. BABU P.P.,

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PUTHENPURACKAL HOUSE, THEKKEN'S TRADERS, EDAKKATTUWAYAL VILLAGE, VELIYANADU KARA.

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BY ADV. SRI.C.P.UDAYABHANU

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RESPONDENT(S)/DEFACTO COMPLAINANT/DEJURE COMPLAINANT :

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1. SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION ERNAKULAM DISTRICT -686 664.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31.

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3. SOJAN GEORGE,

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S/O.K.T.GEORGE, KALATHIL HOSUE, PIRAVOM VILLAGE, ERNAKLAM DISTRICT, PIN: 686 664.

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R3 BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SRI.K.N.SWAMIDASAN R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Crl.MC.No. 1344 of 2015

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A: THE CERTIFIED COPY OF THE FIR IN CRIME NO. 453/2014 ALONG WITH THE FI STATEMENT OF THE DEFACTO COMPLAINANT. ANNEXURE B: THE CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT. ANNEXURE C: THE ADDITIONAL STATEMENTS RECORDED FROM THE WITNESSES APPENDED TO THE FINAL REPORT. ANNEXURE D: THE SCENE MAHAZAR PREPARED BY THE INVESTIGATING OFFICER. ANNEXURE E: THE TRUE COPY OF THE REPORT OF THE DISTRICT POLICE CHIEF DATED 23/01/2014.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

B.KEMAL PASHA, J.

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................................................................ CRL. M.C. No. 1344 of 2015

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............................................................... Dated this the 18^th day of September, 2015

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O R D E R

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Heard the the learned counsel for the petitioners and the learned counsel for the 3^rd respondent.

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Petitioners are accused in Crime No.963/2014 of the Piravom Police Station, registered for the offences punishable under Sections 118(D) and 120(Q) of the Kerala Police Act, 2011 read with Section 34 of the IPC.

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Presently, it has come out that the trial is going on. At this stage, this Court cannot go into the merits of the evidence collected by the investigating officer in the matter. The learned counsel for the petitioners has pointed out that there is a legal question involved in the matter with regard to

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CRL.M.C.No. 1344 of 2015

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-: 2 :-

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the applicability of Section 34 of the IPC, when no other offence under the IPC has been alleged. Let the trial be continued, and let the court below decide the said question. With the said observation, this Crl.M.C. is closed.

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Sd/- B.KEMAL PASHA, JUDGE

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ul/-

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[True copy] P.S. to Judge

Joy K.U. v. S.I. of Police, Piravom Police Station

Case brief

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Joy K.U. v. S.I. of Police, Piravom Police Station

Case brief

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What the court decided

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