Dismissed

Mahshoof @ Mahsood v. State of Kerala

Kerala HC22 Mar 2016Crl.MC/1493/2016

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a Criminal Miscellaneous petition filed by accused persons seeking premature termination of criminal proceedings in a case of alleged affray causing hurt. The court refused to intervene, holding that the seriousness of injuries precludes premature termination despite the alleged settlement.

What did the court decide?

Petition for premature termination of criminal proceedings was dismissed.

Mahshoof @ Mahsood Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

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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 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938

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Crl.MC.No. 1493 of 2016

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CRIME NO. 469/2015 OF VIDYA NAGAR POLICE STATION, KASARGOD

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PETITIONER(S)/ACCUSED NO. TO 8:

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1. MAHSHOOF @ MAHSOOD S/O A.K. MUHAMMED CHEROOR.P.O, KASARAGOD DISTRICT PIN-671123

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2. RASHEED.K.A

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S/O ABBAS, KOTTA HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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3. K.C. ABDUL RAHIMAN S/O ABDULLA, KUMBAKKODU HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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4. ALLI @ ABDULLA KUNHI S/O MOIDEEN KUNHI, CHERIYA VEEDU HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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5. NASEER, S/O MOIDEEN KUNHI, CHERIYA VEEDU HOUSE, CHERIYA VEEDU HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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6. SHAKKEER, S/O ABDULLA. B.K, CHEROOR PO, KASARAGOD DISTRICT-671123

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7. ASIF, S/O ABDULLA , KOVIL HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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8. ASHRAF .M.M, S/O MOIDEEN KUNHI, MENAMKOD HOSUE, CHEROOR PO, KASARAGOD DISTRICT-671123

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BY ADV. SRI.V.A.SATHEESH

...2/-

..2..

Crl.MC.No. 1493 of 2016

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O. VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT.

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2. MUHAMMED ANSEER. D.A S/O ABDUL KHADER, DESHEEYAM HOUSE, CHEROOR PO, KASARAGOD DEISTRICT-671123

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3. RIJAS E.A, S/O ABULLA, ELINHA HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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4. ABDUL MUNEER.E.M S/O MUHAMMED, ELINHA HOUSE, CHEROOR PO, KASARAGOD DISTRICT-671123

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2-R4 BY ADV. SRI.V.T.MADHAVANUNNI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1493 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1; TRUE COPY OF THE FIR IN CRIME NO 469/15 OF VIDYANAGAR POLICE STATION

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RESPONDENT(S)' ANNEXURE

NIL.

/ TRUE COPY /

P.S. TO JUDGE

B. KEMAL PASHA, J.

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==================== Crl.M.C.No.1493 of 2016

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

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Dated this the 22^nd day of March, 2016

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O R D E R

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The petitioners are accused in Crime No.469 2015 of

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the Vidyanagar Police Station, for the offences under Sections 143, 147, 148, 341, 323 and 324 IPC read with Section 149 IPC.

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Even though the crime was initially registered without incorporating the offence under Section 326 IPC, subsequently through a report the offence under Section 326 IPC has been incorporated.

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According to the petitioners, the matter has been amicably settled between them with the defacto complainant

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and the other injured persons. The defacto complainant and the other injured persons have filed separate affidavits also. Considering the seriousness of the injuries sustained to the

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Crl.M.C.No.1493 of 2016

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-: 2 :-

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the injured persons, this Court is of the view that a

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premature termination of the criminal proceedings cannot be ordered.

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In the result, this Crl.M.C. is dismissed.

Sd/-

B. KEMAL PASHA,

JUDGE.

DSV/22/3/16

// True Copy //

P.A. To Judge

Mahshoof @ Mahsood v. State of Kerala

Case brief

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Mahshoof @ Mahsood v. State of Kerala

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