Allowed

Junaid K.T v. the Sub Inspector of Police Kuttiadi

Kerala HC3 Apr 2018Crl.MC/1393/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings against two petitioners who were previously acquitted. Finding the matter settled and noting the co-accused were acquitted, the court quashed the trial proceeding deeming it purposeless to continue.

What did the court decide?

Proceedings in C.C.No.581 of 2017 before the JFCM Court, Nadapuram are quashed; trial court to pass appropriate orders for disposal of material objects.

Junaid K.T Vs the Sub Inspector of Police Kuttiadi — 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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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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Crl.MC.No. 1393 of 2018

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CC.581/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM CRIME NO.510/2011 OF NADAPURAM POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED NO.1 AND 4 :

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1 JUNAID K.T., S/O AHAMMAD, AGED 26 YEARS, KOONOM THAZHAKUNI HOUSE, P.O.KADAMERI, VATAKARA THALUK.

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2 RAFI, S/O KUNHABDULLA, AGED 25 YEARS, PUTHIYOTTUMKANDI HOUSE, P.O.KADAMERI, VATAKARA THALUK.

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BY ADV.SRI.ZUBAIR PULIKKOOL

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RESPONDENTS/COMPLAINANT.:

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1. THE SUB INSPECTOR OF POLICE KUTTIADI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. MANOJAN, S/O KANARAN, AGED 37 YEARS, PALORKUNNUMMAL HOUSE, P.O VANIMEL, VATAKARA THALUK-673101.

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3. RAHUL RAJ, S/O RAJAN, AGED 24 YEARS, KANNOTH HOUSE, P.O.KATAMERI, VATAKARA THALUK, PIN-673101.

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4. SAJITH, S/O ASHOKAN, AGED 25 YEARS, PUTHUCHALIL HOUSE, P.O KATAMERI, VATAKARA THALUK-673101.

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R1 BY SR. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2-R4 BY ADV. SRI.P.V.JEEVESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1393 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN NO.510/2011 NADAPURAM POLICE STATION. ANNEXURE 2 SWORN AFFIDAVIT OF 2ND RESPONDENT. ANNEXURE 3 SWORN AFFIDAVIT OF 3RD RESPONDENT. ANNEXURE 4 SWORN AFFIDAVIT OF 4TH RESPONDENT.

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RESPONDENT(S)' ANNEXURE

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NIL TRUE COPY P.S. TO JUDGE

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4.4.2018

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K.ABRAHAM MATHEW J.

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-------------------------------------------Crl.M.C. NO.1393 OF 2018

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Dated this the 3^rd day of April, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners were accused 1 and 4 in C.C.No.1919 of 2014 on the file of the JFCM Court, Nadapuram. As they were absconding only the others were tried. They were acquitted. The petitioners surrendered before the court below and now their case is pending on the file of it as C.C.No.581 of 2017. Respondents 2 to 4 are the victims. It is submitted that the matter has been settled and the proceedings in the court below may be quashed.

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Heard the learned counsel for the petitioners and respondents 2 to 4 and the learned Public Prosecutor.

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I have perused the affidavits filed by respondents 2 to 4, they have entered appearance through counsel. I am satisfied that the matter has been settled. The co-accused have already been acquitted. In these circumstances, no purpose will be served by the trial of the petitioners. So I am inclined to grant their prayer.

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In the result, this Crl.M.C. is allowed. The proceedings in C.C.No.581 of 2017 on the file of Judicial First Class Magistrate Court, Nadapuram are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Junaid K.T v. the Sub Inspector of Police Kuttiadi

Case brief

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Junaid K.T v. the Sub Inspector of Police Kuttiadi

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