Disposed

Nidhin v. State of Kerala

Kerala HC10 Mar 2016Crl.MC/1105/2016

Case brief

AI extract

What is this about?

The Court disposed of a criminal miscellaneous petition filed by accused persons seeking premature termination of prosecution. The Court refused to allow termination due to the habitual offending nature of some petitioners, noting settlement as a factor for expedited disposal by the lower court.

What did the court decide?

Petition dismissed; Court directed lower court to expedite disposal taking note of settlement.

Nidhin Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937

¶5

Crl.MC.No. 1105 of 2016 ()

¶6

(AGAINST THE CHARGE SHEET IN C.C.NO.1596/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NARAKKAL IN CRIME NO.1540/2014 OF MUNAMBAM POLICE STATION)

¶7

PETITIONER(S)/ACCUSED NO.1 TO 4 :

¶8

1. NIDHIN, AGED 22 YEARS, S/O.THOMAS, THATTARUPARAMBIL HOUSE, MUNAMBAM, KUZHUPPILLY VILLAGE, ERNAKULAM.

¶9

2. SANIL, AGED 24 YEARS, S/O.SAJEEV, VELAMMATTIL HOUSE, PALLIPPURAM, KUZHUPPILLY VILLAGE, ERNAKULAM.

¶10

3. SAJITH, AGED 22 YEARS, S/O.SUBRAMANIAN, KANIKULATH HOUSE, PALLIPPURAM, KUZHUPPILLY VILLAGE, ERNAKULAM.

¶11

4. AMALDAS, AGED 19 YEARS, S/O.MOHANDAS, KALLARAKKAL HOUSE, PALLIPPURAM, KUZHUPPILLY VILLAGE, ERNAKULAM.

¶12

BY ADV. SRI.P.J.JUSTINE

¶13

RESPONDENT(S)/DEFACTO COMPLAINANTS :

¶14

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

¶15

2. VINEESH, AGED 25 YEARS, S/O.VIJAYAKUMAR, NINTHASTHALATH HOUSE, PALLATHAMKULANGARA, KUZHUPPILLY VILLAGE, ERNAKULAM - 682 012.

¶16

R2 BY ADV. SMT.A.A.GEETHA R1 BY SMT. MAYA, PUBLIC PROSECUTOR

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

AMV

¶19

: 2 :

¶20

Crl.MC.No. 1105 of 2016 ()

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS :

¶23

ANNEXURE 1- COPY OF THE FIR IN CRIME NO.1540/2014 DATED 21.11.2014 OF THE MUNAMBAM POLICE STATION.

¶24

ANNEXURE 2- CHARGE SHEET IN CC NO.1596/2015 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NARAKKAL.

¶25

ANNEXURE 3- ORIGINAL AFFIDAVIT FILED BY THE 2ND RESPONDENT.

¶26

RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

B. KEMAL PASHA, J.

---------------------------------Crl.M.C.No.1105 of 2016

¶32

Dated this the 10^th day of March, 2016

¶33

ORDER

¶34

Heard the learned counsel for the petitioners,

¶35

learned counsel for the 2^nd respondent and the learned Public Prosecutor.

¶36

Petitioners are the accused in C.C.No.1596 of 2015 of the Judicial First Class Magistrate Court, Narakkal, which was arisen from Crime No.1540 of 2014 of Munambam Police Station. According to the petitioners, the matter has been amicably settled between the petitioners and de facto complainant, who is the 2^nd respondent herein.

¶37

The learned Public Prosecutor has pointed out that petitioners 1 and 3 are habitual offenders involved in series of cases. It has also been reported that proceedings under Section 107 of the Code of Criminal Procedure have been initiated against the 3^rd petitioner.

¶38

Considering the fact that the petitioners 1 and 3 are habitual offenders, this Court is of the view that it is

¶39

Crl.M.C.No.1105 of 2016

¶40

¶41

not just and proper to have a premature termination of the prosecution proceedings in C.C.No.1596 of 2015. At the same time, the court below can take note of the settlement arrived at between the parties and, take the case out of turn and dispose it of expeditiously.

¶42

With the above said observations, this Crl.M.C.

¶43

is disposed of.

¶44

Sd/B. KEMAL PASHA JUDGE

¶45

AMV/10/3/2016 +++

Nidhin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nidhin v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Anu.S.Nair @ Anu Vs Vijayarajan

Arun Vs Vishakh

Joseph Devassia Vs the State of Kerala

T.P.Ramakrishnan Vs K.K.Kunhikanaran

Chekkintakath Riyas Vs K.v.Biju

Sreejith Vs State of Kerala