Dismissed

Dipu v. State of Kerala

Kerala HC4 Apr 2018Crl.MC/1251/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Criminal Misc. Case challenging criminal proceedings against accused persons. The petitioners sought quashing on grounds of procedural non-compliance in investigation. The Court found it was not a fit case to invoke Section 482 Cr.PC and directed the petitioners to seek discharge in the trial court.

What did the court decide?

The impugned Criminal Misc. Case was dismissed, and the petitioners were directed to plead for discharge in the trial court.

Dipu Vs State of Kerala — Criminal Trial and Appeal | 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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WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940

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Crl.MC.No. 1251 of 2018

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

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CC 1008/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA ----------------

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PETITIONERS/ACCUSED NO.2 AND 3

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1 DIPU, AGED 28 YEARS, S/O.MOHANAN, THACHIPARAMBIL HOUSE, NEAR AYYAPPA TEMPLE, PADAKKULAM KARA, METHALA VILLAGE, THRISSUR DISTRICT.

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2 AJITH, AGED 28 YEARS, S/O.BABU, MADATHINKAL HOUSE, NEAR MUSLIM CHURCH, CHAITHANYA NAGAR, ERIYAD VILLAGE, THRISSUR DISTRICT.

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BY ADV.SRI.JAISON JOSEPH

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING INSPECTOR OF POLICE, ANGAMALY POLICE STATION.

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BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 06/4/2018

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Crl.MC.No. 1251 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1 CERTIFIED COPY OF THE F.I.R ALONG WITH COMPLAINT IN CRIME NO.1091/2016 OF CHENGAMANAD POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE SEARCH LIST IN CRIME NO.1091/2016 OF CHENGAMANAD POLICE STATION ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.C. NO.1008/2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I ALUVA. ANNEXURE A4 THE CERTIFIED COPY OF THE REPORT OF THE ASSISTANT CHEMICAL EXAMINER DATED 19.01.2018 OF CW5. ANNEXURE A5 THE CERTIFIED COPY OF THE REPORT OF THE ASSISTANT CHEMICAL EXAMINER DATED 19.01.2018 OF CW6 RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 6/4/2018

K.ABRAHAM MATHEW, J.

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Crl.M.C.No.1251 of 2018

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Dated this the 4^th day of April, 2018

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ORDER

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Petitioners are accused 2 and 3 in C.C.No.1008 of 2017 on the file of the Judicial First Class Magistrate Court-I, aluva. They have allegedly committed offences under Section 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1959. They want to quash the proceedings in the trial court. The ground is that the detecting officer was not a special police officer and there was noncompliance with Section 15(2) of the Act.

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Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor. It is submitted that the petitioners have already appeared before the court below. If that is true, they may plead for discharge in the trial court. This is not a fit case to invoke the power of the court under Section 482 Cr.PC.

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In the result, this Crl.M.C is dismissed.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE. True copy

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P.A to Judge

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Dipu v. State of Kerala

Case brief

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Dipu v. State of Kerala

Case brief

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