Dismissed

Ajay Jerome v. State of Kerala

Kerala HC8 Sept 2015Crl.MC/5342/2015

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a petition seeking quashingof proceedings under Sections 406, 417 IPC read with Section 34 IPC. The court heldthat quashing was premature withoutframed charges and directedthe petitioner to approach the court below under Section 239 Cr.P.C.

What did the court decide?

The petition was dismissed with liberty to approach the court below under Section 239 Cr.P.C.

Ajay Jerome Vs State of 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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TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937

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Crl.MC.No. 5342 of 2015 ()

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CC 137/2012 of CHIEF JUDICIAL MAGISTRATE’S COURT, ERNAKULAM CRIME NO. 1570/2011 OF KADAVANTHRA POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED 2:-:

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AJAY JEROME, AGED 35 YEARS, S/O.C.R.JEROME, CHEENIPARAMBIL HOUSE, PADIVATTOM KARA, EDAPALLY SOUTH, EDAPPALLY P.O., ERNAKULAM.

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BY ADVS.SRI.R.SANJITH

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SMT.C.S.SINDHU KRISHNAH

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RESPONDENTS/COMPLAINANT:-:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, ERNAKULAM-682 019.

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BY PUBLIC PROSECUTOR SMT.SAREENA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/10/9/15

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Crl.MC.No. 5342 of 2015 ()

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APPENDIX

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PETITIONER’S ANNEXURES:

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ANNEXURE A1. COPY OF THE FIRST INFORMATION REPORT 1570/2011 DATED 07.10.2011.

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ANNEXURE A2. COPY OF THE CHARGE SHEET DATED 06.03.2012 IN CC 137/2012.

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RESPONDENTS’ ANNEXURES:

NIL

// True Copy //

P.A. To Judge

DSV/10/9/15

B.KEMAL PASHA, J.

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=================== CRL.M.C. No.5342 of 2015

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====================

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Dated this the 8^th day of September, 2015

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O R D E R

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The 2^nd accused in C.C.No.137 of 2012 of the Chief Judicial Magistrate's Court, Ernakulam, which has arisen from Crime No.1570 of 2011 of the Kadavanthra Police Station, for

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the offences under Sections 406 and 417 IPC read with Section 34 IPC, has come up with a prayer to get the proceedings against him in the case, quashed.

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On going through the matter, this Court is of the view that it is too premature to say anything with regard to the involvement of the accused in the case, at present. While dealing with the matter under Section 482 Cr.P.C., this Court cannot go into the intrinsic particulars of the evidence collected by the investigating officer or the truth or otherwise of the statements of the witnesses. In case, charges are not framed, it is for the petitioner to approach the court below with

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CRL.M.C. No.5342 of 2015 2

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an application under Section 239 Cr.P.C. In such case, the

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court below shall consider the matter and pass appropriate orders on merits, in accordance with law.

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With the said liberty to the petitioner, this Crl.M.C. is

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closed.

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Sd/-

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B. KEMAL PASHA JUDGE

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DSV/8/9/15

Ajay Jerome v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajay Jerome v. State of Kerala

Case brief

What is this about?

What did the court decide?

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