Disposed

Naseeb v. State of Kerala

Kerala HC6 Jan 2016Crl.MC/41/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal miscellaneous petition seeking premature termination of prosecution against a second accused. The Court held it could not entertain the plea as only the second accused approached it. It observed the parties had settled and remitted the matter to the trial court for expeditious disposal.

What did the court decide?

Petition dismissed; matter remitted to lower court for expeditious disposal in view of settlement.

Naseeb Vs State of Kerala — Kerala HC (2016) — LawSathi Research

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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 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361

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Crl.MC.No. 41 of 2016

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CC 3369/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM CRIME NO. 710/2014 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/A2:

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NASEEB, AGED 22 YEARS, S/O.SAIFUDEEN, MADATHIL VEEDU, NEAR MARKET, POWNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT(S)/STATE & CW1:

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THUMBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. ARCHANA, AGED 27 YEARS,

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D/O.SHOBANA, CHAIKOM VILAKOM VEEDU, BACK OF DEVI TEMPLE, KEEVEDUVILAKOM, KULATHOOR, POWNDUKADAVU WARD, THIRUVANANTHAPURAM, PIN-695 121.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 41 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A: PHOTOCOPY OF THE FIR IN CRIME NO.710/2014 OF THUMBA POLICE STATION.

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ANNEXURE B: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.710/2014 OF THUMBA POLICE STATION.

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ANNEXURE C: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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Crl.M.C. No.41 of 2016

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Dated this the 6^th day of January, 2016

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O R D E R

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~ ~ ~ ~ ~ ~

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The 2^nd accused in CC No.3369/2014 of the Judicial

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First Class Magistrate's Court-II, Thiruvananthapuram for the

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offence under Section 379 read with Section 34 IPC has come up seeking a premature termination of the prosecution proceedings against him.

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Considering the offence involved and the further fact that the 2^nd accused alone has approached this Court with such

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a request, this Court is of the view that the same cannot be entertained. At the same time, it seems that the matter has been settled between the parties. In such case, the court below can take up the matter out of turn to have an expeditious disposal.

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With the aforesaid observation, this Crl.M.C. is disposed

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of.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/06/01

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// True Copy // PA to Judge

Naseeb v. State of Kerala

Case brief

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Naseeb v. State of Kerala

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