Allowed

Suresh Kumar v. State of Kerala

Kerala HC11 Jan 2016Crl.MC/2424/2015

Case brief

AI extract

What is this about?

In a quashing petition filed under Section 482 CrPC, the Kerala High Court quashed criminal proceedings against the petitioner, a lawyer, who was the second accused in a violation case. The court held that no offence existed for the first accused and the petitioner did not commit any offence.

What did the court decide?

All further proceedings in CC No. 1546/2014 against the petitioner in the Judicial First Class Magistrate's Court-I, Thrissur, arising from Crime No. 950/2014, are quashed.

Suresh Kumar Vs State of Kerala — 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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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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Crl.MC.No. 2424 of 2015 ()

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CC 1546/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THRISSUR

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PETITIONERS/2ND ACCUSED :

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SURESH KUMAR ADVOCATE, S/O. KUNJANDI, ALUPARAMBIL HOUSE IRINJALAKKUDA.

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BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY

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RESPONDENTS/COMPLAINANT & STATE :

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.950/2014 OF THRISSUR EAST POLICE STATION)

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 2424 of 2015 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE I: TRUE COPY OF THE FIR ALONG WITH FIS IN CRIME NO.950/2014 OF THRISSUR EAST POLICE STATION.

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ANNEXURE II: TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT.

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ANNEXURE III: CERTIFIED COPY OF FINAL REPORT IN CIRME NO.950/2014 OF THRISSUR WEST POLICE STATION.

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RESPONDENT(S)' ANNEXURES : NIL

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.2424 of 2015

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Dated this the 11^th day of January, 2016

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Heard learned counsel for the petitioner and learned Public Prosecutor.

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Petitioner is the 2^nd accused in CC No.1546/2014 of the Judicial First Class Magistrate's Court-I, Thrissur for the offences under Section 279 IPC, Section 117(e) of the Kerala Police Act, 2011, Sections 132(1) and 179 of the Motor Vehicles Act read with Section 34 IPC. The 1^st accused was allegedly seen negligently driving a car through a public road and the police officer gave the signal to stop the car. It is also alleged that disregarding the signal, he drove away and the police officer could obstruct and stop the vehicle at a different place. The petitioner, who

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Crl.M.C.2424/2015

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: 2 :

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is a practising lawyer, was one of the passengers of the car. When the police officer allegedly attempted to place the 1^st accused under arrest, that was allegedly questioned by the petitioner and by standing in front of the car, the petitioner allegedly prevented the arrest of the 1^st accused.

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On hearing the learned Public Prosecutor, it has come out that, in fact, there is no offence at all in the matter enabling the police officer to place the 1^st accused under arrest. There was no compelling circumstances to effect the arrest of the 1^st accused in the case. In such case, even if the police officer was questioned by the petitioner herein, that would not create any offence at all.

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On going through the matter and on hearing either side, it has come out that the petitioner has not committed any offence at all. Unnecessarily, the prosecution proceedings are initiated against the petitioner. Matters being so, all further proceedings in CC No.1546/2014 of the Judicial First Class Magistrate's Court-I, Thrissur as against

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Crl.M.C.2424/2015

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: 3 :

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the petitioner herein are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further

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proceedings against the petitioner in CC No.1546/2014 of the Judicial First Class Magistrate's Court-I, Thrissur, which has arisen from Crime No.950/2014 of Thrissur East Police Station, are quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/11/01

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// True Copy //

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PA to Judge

Suresh Kumar v. State of Kerala

Case brief

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Suresh Kumar v. State of Kerala

Case brief

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