Disposed

Rashinth @ Chindu v. Station House Officer, Irikkur Police Station

Kerala HC21 Jan 2016Crl.MC/203/2016

Case brief

AI extract

What is this about?

This Court, hearing a Criminal Miscellaneous case, clarified the charges against petitioners accused of illegal sand transport. The judgment observed their presence in offences like attempt to culpable homicide during the chase, held they were not liable for those specific IPC sections, and confined liability to Section 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of

What did the court decide?

Case disposed. Petitioners to be charged only under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with Section 34 IPC.

Rashinth @ Chindu Vs Station House Officer, Irikkur Police… — Quashing and FIR | 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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THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937

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Crl.MC.No. 203 of 2016 ()

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CP 52/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KANNUR

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PETITIONERS/ACCUSED NOS. 2 & 3 :

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1. RASHINTH @ CHINDU, S/O.KUNHIRAMAN, R/A. POOLERI HOUSE, PADIYOOR AMSOM, DESOM, KANNUR DISTRICT

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2. SREEJESH @ JAGANAN, S/O.SREEDHRAN, R/A.KOKOLI HOUSE, PADIYOOR AMSOM, KANNUR DISTRICT

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENTS/COMPLAINANT & STATE :

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1. STATION HOUSE OFFICER, IRIKKUR POLICE STATION, IRIKKUR POLICE STATION, KANNUR DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031

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2. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAUKLAM - 682031

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R1 & R2 BY PUBLIC PROSECUTOR SMT. MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 203 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1:THE TRUE COPY OF THE FIR IN CRIME NO 203/15 ON THE FILE OF IRIKKUR POLICE STATION KANNUR DISTRICT.

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ANNEXURE A2:THE TRUE COPY OF THE CHARGE

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.203 of 2016

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Dated this the 21^st day of January, 2016

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O R D E R

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Petitioners are A2 and A3 in Crime No.203/2015 of Irikkur Police Station, presently pending as CP.52/2015 before the Judicial First Class Magistrate's Court-II, Kannur, for the offences under Section 353, 308 and 427 read with Section 34 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

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The case in Annexure-A2 final report as well as Annexure-A1 FIR is that when the police party stopped the tipper lorry bearing registration No.KL-08AN-4431 by which

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Crl.M.C.203/2016

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: 2 :

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river sand was being illegally transported by the 1^st accused and the petitioners herein, the petitioners got down from the lorry and ran away from the spot. Thereafter, the 1^st accused drove the lorry forward in a rash manner and caused to hit the lorry on the police jeep, thereby causing mischief and also attempted to commit culpable homicide of CW1 and one of the police personnel.

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On hearing the learned counsel for the petitioners and learned Public Prosecutor and perusing the records, this Court is satisfied that the only offence that can be charged against the petitioners are under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with Section 34 IPC. At any stretch of imagination, they cannot be held responsible for the offences under Sections 353, 308 and 427 IPC with the aid of Section 34 IPC, since their presence and participation was not there at the time when those offences were committed.

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Crl.M.C.203/2016

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: 3 :

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By making it clear that the offences that can be alleged

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against the petitioners are under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and not any other offences alleged against the 1^st accused, this Crl.M.C. is disposed of.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/21/01

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// True Copy //

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PA to Judge

Rashinth @ Chindu v. Station House Officer, Irikkur Police Station

Case brief

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Rashinth @ Chindu v. Station House Officer, Irikkur Police Station

Case brief

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