The High Court of Kerala allowed a petition to quash the charge sheet and initiate further proceedings against the accused under Section 482 Cr.P.C. holding that the matter was settled, involved no public interest, and the chances of conviction were remote.
Quashing of Annexure A1 charge-sheet and further proceedings in C.C. 1047/2013; petitioners discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 19TH DAY OF APRIL 2016/30TH CHAITHRA, 1938
Crl.MC.No. 2158 of 2016 ()
IN CC 1047/2013 of COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS,NADAPURAM CRIME NO. 202/2013 OF VALAYAM POLICE STATION , KOZHIKODE
PETITIONERS/ACCUSED NO.1 TO 7 AND 9 TO 13:
1. SIRAJ, S/O.MOIDEENKUTTY,KOYAMBRATH HOUSE,
UMMATHUR,P.O.PARAKKADAVU,KOZHIKODE DISTRICT,PIN-673101.
2. NASSAR,
3. SUBAIR, S/O.AHAMMAD,MANNATHU HOUSE,UMMATHUR.P.O,PARAKKADAVU, KOZHIKODE DISTRICT,PIN-673101.
4. HARIS,
5. RIYAS,
6. MUHAMMAD,
7. SAHEER,
8. SAJEED,
9. SADHIKK,
10. SAHAD,
11. ASHIF,
12. MUHAMMAD, S/O.HASSAN,KOYIPALLI HOUSE,UMMATHUR.P.O,PARAKKADAVU, KOZHIKODE DIST.PIN-673101.
BY ADV. SRI.M.G.SREEJITH
RESPONDENTS/STATE,DEFACTO COMPLAINANT & PW2:
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.
2. MAHAMOOD,AGED 55 YEARS S/O.KUNJAMMAD,MADATHIL HOIUSE,UMMATHUR.P.O, PARAKKADAVU,KOZHIKODE DIST.PIN-673101.
3. RASHEED, S/O.ABDULLA,PETTENTEVEEDU,UMMATHUR.PO,PARAKKADAVU, KOZHIKODE DIST.PIN-673101.
R2&3 BY ADV. SRI.ABDUL JALEEL ONATH R2&3 BY ADV. SMT.P.J.RAZIA BEEVI R1 BY PUBLIC PROSECUTOR SMT.V.P.SATHI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2158 of 2016 ()
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.202/2013 NOW IN THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT,NADAPURAM IN C.C.1047/2013 ANNEXURE A2 AFFIDAVIT FILED BY 2ND RESPONDENT DATED 17-03-2016 ANNEXURE-A3 AFFIDAVIT FILED BY 3RD RESPONDENT DATED 17.03.2016.
RESPONDENTS' EXHIBITS : NIL ---------------------
//TRUE COPY//
P.A.TO JUDGE
sm
B.SUDHEENDRA KUMAR, J.
Crl.M.C. No.2158 of 2016
ORDER
The petitioners are the accused in C.C.1047/2013 on the files of the Court of the Judicial Magistrate of First Class, Nadapuram. The offences alleged against the petitioners are the offences under Sections 143, 147, 148, 341, 323, 324, 506 (ii) and 294 (b) r/w 149 IPC.
Crl.M.C.No.2158 of 2016 : 2 :
even if the prosecution is permitted to be continued, as the chance for culminating the trial in conviction is very bleak and remote. In the said circumstances, it is only just and proper to quash Annexure A1 charge sheet and further proceedings against the petitioners, invoking the jurisdiction under Section 482 Cr.PC, to secure the ends of justice and accordingly, I order so.
In the result, this petition stands allowed, quashing Annexure A1 charge-sheet and further proceedings against the petitioners in C.C.1047/2013 on the files of the Court of the Judicial Magistrate of First Class, Nadapuram and the petitioners stand discharged.
Sd/- B.SUDHEENDRA KUMAR JUDGE
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2 issues framed by the court
Whether the charge sheet and further proceedings can be quashed under Section 482 Cr.P.C. given the settlement between parties and steep chances of acquittal.
Whether the dispute involves public interest warranting continuation of prosecution.
1 provisions across 1 enactments
Siraj & others
State of Kerala
Mahamood
Rasheed
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
