Dismissed

Onuoha Celestine Chima v. the State of Kerala

Kerala HC19 Mar 2018Crl.MC/1123/2018

Case brief

AI extract

What is this about?

Petitioner, a Nigerian national accused of offences under IPC Sections 332 and 353, filed under Section 482 Cr.P.C. to quash proceedings alleging false charges and unchallenged framing. Court rejected quash plea on maintainability grounds. Trial court directed to conclude case within three months.

What did the court decide?

Judgment dismissing petition for quashing and direction to trial court to dispose of case within three months.

Onuoha Celestine Chima Vs the State of Kerala — Quashing and FIR | Kerala HC (2018)

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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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MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939

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Crl.MC.No. 1123 of 2018

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------------------------CC 1028/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,PARAPPANANGADI CRIME NO. 552/2015 OF PARAPPANGADI POLICE STATION , MALAPPURAM --------------

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PETITIONER/ACCUSED

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ONUOHA CELESTINE CHIMA, S/O.ONUOHA, NO.7, AUV STREET, IKENYBU LAYOUT, OWEERI IMO STATE, NIGERIA.

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BY ADV.SRI.BABU S. NAIR

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RESPONDENT/STATE:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN 682 031 - FOR THE SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, MALAPPURAM DISTRICT.

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BY SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 1123 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A CERTIFIED COPY OF F.I.R IN CRIME NO.552/2016 OF THE PARAPPANANGADI POLICE STATION DATED, 13--4-22015.

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ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT/CHARGE IN CC.1028/2015 OF THE J.F.C.M, PARAPPANANGADI.

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ANNEXURE C TRUE COPY OF THE FRONT PAGE OF THE PASSPORT OF THE PETITIONER.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE 20.03.2018

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K.ABRAHAM MATHEW J.

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Crl.M.C. NO.1123 OF 2018

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Dated this the 19^th day of March, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioner is the accused in C.C.No.1028 of 2015 on the file of the Judicial First Class Magistrate Court, Parappanangadi. He is alleged to have committed the offences under Sections 332 and 353 IPC. The proceedings are sought to be quashed on the ground that the allegation against him is false and no offence is made out.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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It is submitted by the learned counsel that the court has already recorded the plea of the petitioner. The petitioner has not challenged the judicial order by which the charge was ordered to be framed. An application under Section 482 is not maintainable on the ground that the charge is baseless. Learned counsel submits that the petitioner is a Nigerian citizen and the court below may be directed to dispose of the case without further delay. I think the request is reasonable.

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Crl.M.C. NO.1123 OF 2018 2

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In the result, this Crl.M.C is dismissed. The trial court is directed to

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dispose of the case within three months from the date of receipt or production of a copy of this order.

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Sd/K.ABRAHAM MATHEW JUDGE

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Onuoha Celestine Chima v. the State of Kerala

Case brief

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Onuoha Celestine Chima v. the State of Kerala

Case brief

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