Allowed

Baskaran @ Bhasi v. Jayapradeep K.O.

Kerala HC22 Jun 2017Crl.MC/4033/2017

Case brief

AI extract

What is this about?

A criminal Miscellaneous case filed under Section 482 Cr.P.C. to quash criminal proceedings alleging offences under IPC. The court observed that the matter was settled, the victim had no objection, and no public interest was involved, thus allowing the petition.

What did the court decide?

Criminal proceedings in S.C.No.903 of 2014 on the file of Assistant Sessions Court, Kannur are quashed. Sessions Judge directed to pass appropriate orders for disposal of any material objects.

Baskaran @ Bhasi Vs Jayapradeep K.O. — Quashing and FIR | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939

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Crl.MC.No. 4033 of 2017 ()

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SC 903/2014 OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO. 177/2014 OF KANNUR TOWN POLICE STATION , KANNUR

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

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PETITIONER(S)/ACCUSED 1 TO 4:

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1. BASKARAN @ BHASI AGED 54 YEARS, S/O BHASKARAN NAIR, RESIDING AT AMBADY,

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MAKKUNI ROAD, PALLIKUNNU P.O. KANNUR DISTRICT.

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2. NAREENDRA SAI .M, AGED 41 YEARS, S/O BHASKARAN NAIR, RESIDING AT 'NABHASS' 39/14, MAKKUNI ROAD, PALLIKKUNNU P.O. KANNUR DIST.

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3. K.MANOJ, AGED 44 YEARS, S/O VELAYUDHAN, NANDHANAM HOUSE, PALLIKUNNU P.O. KANNUR DISTRICT.

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4. SUBRAHMANIAN C.P, AGED 56 YEARS, S/O GOVINDAN NAIR, CHEKKOTTU PULLATTU HOUSE, PALLIKUNNU P.O. KANNUR DISTRICT.

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BY ADVS.SRI.P.U.SHAILAJAN SRI.M.SURESH KUMAR SMT.D.N.NISHANI

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RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:

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1. JAYAPRADEEP K.O, AGED 49 YEARS, S/O SETHUMADHAVAN, CHAITHRAM P.O. PALLIKKUNNU, KANNUR TALUK 670007.

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2. STATE OF KERALA. REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031

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R1 BY ADV. SRI.V.SREEJITH (K/1398/2000) R2 BY PUBLIC PROSECUTOR SRI AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 4033 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE 1 TRUE COPY OF THE CHARGE SHEET ALONG WITH F.I.R IN SC NO.903/2014 ON THE FILE OF ASSISTANT SESSIONS COURT, KANNUR (CRIME NO.177/2014 AT KANNUR TOWN POLICE STATION, KANNUR DISTRICT)

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ANNEXURE II AFFIDAVIT SWORN BY 1ST RESPONDENT DATED 30-03-2017

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RESPONDENT(S)' ANNEXURES NIL

/TRUE COPY/

P.S.TO JUDGE

K.V.

K.ABRAHAM MATHEW J.

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Crl.M.C. No.4033 of 2017

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Dated this the 22^nd day of June, 2017

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are accused in S.C.No.903 of 2014 on the file of the

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Assistant Sessions Court, Kannur. They along with unidentified persons are alleged to have committed the offences under Sections 143, 147, 148, 308, 427 and 448 r/w Section 149 IPC. The first respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

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Heard the learned counsel for the petitioners and the first respondent and the learned Public Prosecutor.

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The first respondent has entered appearance through counsel and has filed an affidavit stating that the matter has been settled and he has no objection to the prayer in the Criminal M.C being allowed. I am satisfied that the allegation is true and no public interest is involved in this case.

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In the result, this Crl.M.C is allowed. The proceedings in S.C.No.903 of 2014 on the file of the Assistant Sessions Court, Kannur are quashed. If any material objects have been produced in this case, the learned Sessions Judge may pass appropriate orders for their disposal.

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K.ABRAHAM MATHEW JUDGE

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//True Copy// PA to Judge

Baskaran @ Bhasi v. Jayapradeep K.O.

Case brief

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Baskaran @ Bhasi v. Jayapradeep K.O.

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