Disposed

Robinson Gomez @ Pradeep v. State of Kerala

Kerala HC26 Jul 2016Crl.MC/3344/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous case under Section 482 CrPC seeking to quash proceedings for non-compoundable offences, the High Court refused to quash due to the grave nature of injuries. The Court directed the Sessions Court to expeditiously conclude the trial within three months.

What did the court decide?

Petition dismissed; direction to Assistant Sessions Judge to dispose of matter within three months from receipt of order.

Robinson Gomez @ Pradeep 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 26TH DAY OF JULY 2016/4TH SRAVANA, 1938

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Crl.MC.No. 3344 of 2016

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SC 1234/2010 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM CRIME NO. 297/2008 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/ACCUSED:

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1. ROBINSON GOMEZ @ PRADEEP, S/O.JOHNSON GOMEZ, AGED 33 YERS, TC NO.71/3313, SUSY BHAVAN, KUZHIVILAKAM, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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2. RICHARD GOMEZ, S/O.JOHNSON GOMEZ, AGED 27 YERS, TC NO.71/3313, SUSY BHAVAN, KUZHIVILAKAM, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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3. RONALD @ AMBU, S/O.SILVESTOR, AGED 27 YEARS, TC NO.33/3322, KUZHIVILAKAM, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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4. NITHIN ALEX, S/O.ALEX, AGED 27 YEARS, NEETHU BHAVAN, NEAR ST.MARY LIBRARY, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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5. ANILKUMAR, S/O.TITUS, AGED 27 YEARS, SUNIL BHAVAN, NEAR VALIYATHURA MARKET, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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6. SAJITH, S/O.VIJAYAN, AGED 27 YEARS PUTHUVAL PUTHENVEEDU, NEAR CHAKKA, ITI, PETTAH VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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Crl.MC.No. 3344 of 2016

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7. PRINCE,

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S/O.SELVARAJ, AGED 26 YEARS, TC 34/1812, SUNIL HOUSE, NEAR ST.MARY LIBRARY, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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8. PRASANTH,

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S/O.SELVARAJ, AGED 26 YEARS, TC 34/1812, SUNIL HOUSE, NEAR ST.MARY LIBRARY, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN-682 031.

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2. THE CIRCLE INSPECTOR OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT,

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3. PRAMOD,

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S/O.THANKACHN, TC 71/243, KUNDUVILAKAM VEEDU, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R3 BY ADV. SRI.R.ARUN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3344 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURE

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A1. TRUE COPY OF THE FIR IN CRIME NO.297/2008 OF VALIYATHURA POLICE STATION.

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A2. TRUE COPY OF THE FINAL REPORT IN ANNEXURE-A1 CRIME.

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A3. COPY OF THE COMPROMISE OF THE 3RD RESPONDENT

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RESPONDENT(S)' ANNEXURE:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

RAJA VIJAYARAGHAVAN.V, J

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Crl.M.C. No.3344 of 2016

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-----------------------------------------

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Dated this the 26^th day of July, 2016

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O R D E R

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1.This petition is filed under section 482 of the Code of

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Criminal Procedure seeking to quash all further proceedings in S.C. No.1234 of 2010 on the files of the

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Assistant Sessions Court, Thiruvananthapuram. The petitioners in the aforesaid case were proceeded against for offences punishable under sections 143, 147, 148, 149, 324, 326 and 308 of the IPC.

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2.Heard learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

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3.The learned counsel appearing for the petitioners contends

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that the matter has been settled with the de facto complainant. Reliance is placed on Annexure-A3

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compromise petition filed by the 3^rd respondent to contend that the de facto complainant has no objection in allowing

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Crl.M.C.3344/2016 2

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this petition and in terminating the proceedings. Learned counsel relies on the judgment of the Apex Court in Gian Singh v. State of Punjab (2012) 10 SCC 303), to contend that though the offence is non compoundable, the proceedings can be quashed invoking the powers of this Court under Section 482 of the Code of Criminal Procedure.

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4.The learned Public Prosecutor opposes the contention and submits that the offence alleged against the petitioners are very grave. It is pointed out that serious inures were inflicted by the petitioners on the 3^rd respondent and this Court will not be justified in interfering at this stage and quashing the proceedings.

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5.I find ample merit in the submission of the learned Public Prosecutor. In such circumstances, I am not inclined to quash the proceedings. The learned counsel prays that necessary directions be issued to the Sessions court to expedite the proceedings. A report was called for by this

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Crl.M.C.3344/2016

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Court. The learned Assistant Sessions Judge has reported that the case stands posted to 15.7.2016 for framing of charge and it has also been stated that trial of the case can be positively completed by the end of August, 2016.

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Having regard to the said report of the learned Assistant Sessions Judge, Thiruvananthapuram, I dispose of this petition with a direction to the learned Assistant Sessions Judge, Thiruvananthauram to dispose of the matter expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this order.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Robinson Gomez @ Pradeep v. State of Kerala

Case brief

What is this about?

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Robinson Gomez @ Pradeep v. State of Kerala

Case brief

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