Dismissed

Ramsheena v. State of Kerala

Kerala HC8 Jan 2016Crl.MC/7327/2015

Case brief

AI extract

What is this about?

The High Court dismissed the petition challenging the alteration of the charge from Sections 465, 468 IPC to Section 474 IPC after the Section 313 examination. The Court found no merit in the challenge but directed the Magistrate to reframe and read out the charge and record the plea in compliance with Section 217(a) CrPC.

What did the court decide?

Petition dismissed; direction to Magistrate to reframe charge, read it to accused, and record plea under Section 217(a) Cr.P.C.

Ramsheena Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937

¶5

Crl.MC.No. 7327 of 2015

¶6

CC 376/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY

¶7

PETITIONER(S)/ACCUSED 2 AND 3:

¶8

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

¶9

1. RAMSHEENA, AGED 27 YEARS, W/O. T.K.NIYAS, NOORMAHAL, BEACH ROAD, MUZHUPPILANGAD MADOM, KANNUR, NOW RESIDING AT ABOOBACKER'S QUARTERS, POONIYAMSRAMBI, THALASSERY, KANNUR.

¶10

2. MAJEED, AGED 47 YEARS, S/O. ISMAIL, SAINABA ILLOM, KURICHIYIL P.O., KUMMOL, THALASSERY TALUK, KANNUR DISTRICT.

¶11

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

¶12

RESPONDENT(S)/COMPLAINANT:

¶13

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶14

BY PUBLIC PROSECUTOR SMT.MAYA

¶15

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

msv/

¶17

Crl.MC.No. 7327 of 2015

¶18

APPENDIX

¶19

PETITIONER(S)' ANNEXURES:

¶20

A1 - TRUE COPY OF THE COURT CHARGE IN CC NO. 376/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY.

¶21

A2 - CERTIFIED COPY OF THE ORDER DT. 09.7.2015 IN CC NO. 376/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT.

¶22

RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

¶28

¶29

Crl.M.C. No.7327 of 2015

¶30

Dated this the 8^th day of January, 2016

¶31

O R D E R

¶32

~ ~ ~ ~ ~ ~

¶33

After recording evidence and examining the

¶34

accused under Section 313 Cr.P.C. in CC No.376/2013 of the Judicial First Class Magistrate's Court, Thalassery, the learned Magistrate was of the view that a charge ought to have been framed for the offence under Section 474 IPC. In that particular case, charges under Sections 465 and 468 read with Section 34 IPC alone were framed. Consequently, the learned Magistrate has decided to alter the charge to one under Section 474 IPC and passed Annexure-A2 order under Section 216 Cr.P.C. The said order is under challenge.

¶35

On hearing the learned counsel for the petitioners

¶36

Crl.M.C.7327/2015

¶37

: 2 :

¶38

and on perusing the records, this Court is of the view that there is absolutely nothing to interfere with the said order. At the same time, on such alteration of charge, the learned Magistrate has to frame the charge again and to read it over to the accused and record the plea. Thereafter, the court below shall comply with the provisions under Section 217(a) Cr.P.C.

¶39

With the said observations, this Crl.M.C. is disposed

¶40

of.

¶41

Sd/- (B.KEMAL PASHA, JUDGE)

¶42

aks/08/01

¶43

// True Copy //

¶44

PA to Judge

Ramsheena v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ramsheena v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lal Koyiparambil Vs State of Kerala

Pradeepan P.P. Vs the Station House Officer

Shihab Vs State of Kerala

Jomon Vs the Sub Inspector of Police

Pattathil Prabeesh Vs Abdul Mansoor

Binu Paul Vs Aneesha