Allowed

Riyas v. State Odf Kerala

Kerala HC16 Sept 2015Crl.MC/1926/2015

Case brief

AI extract

What is this about?

The High Court of Kerala quashed the final report and criminal miscellaneous petition in a case involving offences under Sections 143, 147, 148, 341, 323, and 308 IPC. The court held that with the matter settled amicably and no ingredients for attempted murder remaining, proceeding further served no purpose.

What did the court decide?

The criminal miscellaneous case was allowed and the Final Report in Crime No.586/2014 was quashed.

Riyas Vs State Odf Kerala — Quashing and FIR | 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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WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937

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Crl.MC.No. 1926 of 2015

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SC 1445/2014 OF ADDITIONAL SESSIONS COURT - III, KOZHIKODE. CRIME NO. 586/2014 OF THAMARASSERY POLICE STATION, KOZHIKODE

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PETITIONER(S)/ACCUSED NOS.1 TO 10:

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---------------------------------------------------------

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1. RIYAS, AGED 20 YEARS, S/O.MUHAMMED, ANTHANAM KUNNATH, AMBALA MUKKU, RAROTH VILLAGE, THAMARASSERY P.O., KOZHIKODE DISTRICT.

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2. AJMAL, S/O.ABUBAKKAR, AGED 21 YEARS, MUNDAPPURAM HOUSE, KOLIKKAL, KEDVVOOR VILLAGE, UNNIKULAM P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.

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3. ANU SHAMIL, AGED 20 YEARS, S/O.ABDU, TANIPURAM, KODUVALLI VILLAGE, MANIPURAM P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.

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4. SUNIL P.V., AGED 20 YEARS, S/O.VASUDEVAN, PUTHENVEETTIL HOUSE, ADIVAROM P.O., PUTHUPPADY VILLAGE, THAMARASSERY TALUK, KOZHIKODE DISTRICT.

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5. SHAFEEK, AGED 19 YEARS,

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S/O.ABDULLA, VHERVAKADATH HOUSE, PANTHEER PADOM, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT.

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6. IRSHAD, AGED 20 YEARS, S/O.MAJEED, VATTATHOM POZHIYIL HOUSE, MANIPURAM P.O., KODUVALLY VILLAGE, THAMARASSERY TALUK, KOZHIKODE DISTRICT.

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7. MUHAMMED MUSTAFA, AGED 20 YEARS, S/O.ABU, CHERPPUKULATHIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT.

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8. FAZIL NAZIM, AGED 20 YEARS, S/O.ABDUL MAJEED, IRUMBOTU POZHIYIL HOUSE, KUTTIPARA P.O., KOZHIKODE DISTRICT.

Msv/

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Crl.MC.No. 1926 of 2015

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9. ARUN K., AGED 20 YEARS, S/O.JAGADEESHAN, PARALA HOUSE, KINALOOR P.O., THAMARASSERY TALUK, KOZHIKODE DISTRICT.

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10. ARUN M.K., AGED 19 YEARS, S/O.ASHOKAN, MUZHIKUNNUMMEL HOUSE, VAVADU P.O., KOZHIKODE DISTRICT.

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BY ADV. SRI.LUIZ GODWIN DCOUTH

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RESPONDENT(S)/DEFACTO COMPLAINANT (CW-1), CW2/STATE:

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--------------------------------------------------------------------------------------------

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1. STATE OF KERALA,

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REPRESENTED BY SUB INSPECTOR OF POLICE,

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THAMARASSERY POLICE STATION,

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THROUGH THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM.

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2. HIJAS, AGED 20 YEARS,

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S/O.MUHAMMED ALI, EDAKANDY POYIL HOUSE,

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VALIYA PARAMBA P.O., KIZHAKOTH,

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KOZHIKODEDISTRICT - 673 001.

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3. SEETHA LAKSHMI, AGED 42 YEARS, W/O.CHANDRAN, MANGALASSERY HOUSE, KAKALOOR VILLAGE,

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KOZHIKODE DISTRICT - 673 001.

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R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 1926 of 2015

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A: TRUE COPY OF THE F.I.R IN CRIME NO.586/14 REGISTERED BY THAMARASSERY POLICE AGAINST THE PETITIONERS. ANNEXURE-B: TRUE COPY OF THE FINAL REPORT IN CRIME NO.586/2014. ANNEXURE-C: TRUE COPY OF THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT. ANNEXURE-D: TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT/CW2.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE.

Ms v/

B.KEMAL PASHA, J.

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================ Crl.M.C. No. 1926 of 2015

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======================= Dated this the 16^th day of September, 2015

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O R D E R

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Petitioners are the accused in SC No.1445/2014 of the Sessions Court, Kozhikode, which has arisen from Crime No.586/2014 of the Thamarassery Police Station, for the offences under Sections 143, 147, 148, 341, 323, 308 read with Section 149 IPC.

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The allegation against the petitioners is that they had attacked the de facto complainant, who is the 2^nd respondent herein, at the veranda of the I.T.C at Palakkad in connection with some disputes amongst them. The allegation is that he was attempted to be beaten with an iron stool taken out from the class room and he was removed by some students, so that he escaped.

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Crl.M.C. No. 1926 of 2015

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It seems than even though an offence under Section 308 IPC has been alleged, there are no ingredients at all for inviting such an offence.

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The matter has been presently settled between the parties. CW1, who is the 2^nd respondent and CW2, who is the 3^rd respondent have filed separate affidavits. According to them, the matter has been amicably settled between them on the one part and the petitioners on the other part and presently, they have no complaints against the petitioners herein. Apart from a trivial incident occurred between the parties, there are no ingredients to invite an offence under Section 308 IPC. Matters being so, the compromise entered between the parties can be accepted. No purpose would be served in proceeding with the matter further. Therefore, Annexure B final report in Crime No.586/2014 of Thamarassery Police Station, which is presently pending as SC No.1445/2014 before the Sessions

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Crl.M.C. No. 1926 of 2015

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Court, Kozhikode can be quashed.

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In the result, this Crl.M.C. is allowed and Annexure B final report in Crime No.586/2014 of Thamarassery Police Station, which is presently pending as SC No.1445/2014 before the Sessions Court, Kozhikode, is hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Riyas v. State Odf Kerala

Case brief

What is this about?

What did the court decide?

Riyas v. State Odf Kerala

Case brief

What is this about?

What did the court decide?

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