Dismissed

Vijayalekshmi v. Assistant Commissioner of Police, District Crime Branch, Thiruvananthapuram

Kerala HC2 Apr 2018Crl.MC/1563/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a petition under Section 482 Cr.P.C. filed by an accused to quash proceedings, directing her to seek discharge in the trial court since it was unclear if the charge had been framed.

What did the court decide?

Petitioner directed to plead for discharge in the trial court if charge has not been framed so far.

Vijayalekshmi Vs Assistant Commissioner of… — Civil Procedure and Limitation | 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 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

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Crl.MC.No. 1563 of 2018

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CC.1780/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-XI, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.5 :

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VIJAYALEKSHMI, D/O.KRISHNAVENI, 13/B, POOMAKAL 4TH STREET, IKKATHUTHANGAL, CHENNAI CITY, TAMIL NADU.

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BY ADVS.DR.SRI.S.GOPAKUMARAN NAIR (SR.) SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE SRI.JEEVAN RAJEEV SRI.R.NANDAGOPAL

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RESPONDENTS :

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1. ASSISTANT COMMISSIONER OF POLICE, DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM- 695001.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY SR. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1563 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT OF THE FINAL REPORT. ANNEXURE A2 THE RELEVANT EXTRACT OF THE DESCRIPTION OF RECORDS PRODUCED IN THE CASE AND ALSO THE LIST OF WITNESSES AND THE POINTS TO BE PROVED BY THEM, WHICH IS PART OF THE FINAL REPORT. ANNEXURE A3 TRUE COPY OF THE REMAND APPLICATION FILED FOR REMAND THE PETITIONER.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

3.4.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.1563 OF 2018

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Dated this the 2^nd 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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petitioner is the 5^th accused in C.C.No.1780 of 2017 on the file of the Judicial Magistrate of First Class-XI, Thiruvananthapuram. She along with the co-accused have allegedly committed the offences under Sections 120B, 419, 465, 468 and 471 IPC and Section 12(1)(b)(d) of the Passport Act. The proceedings are sought to be quashed on the ground that the materials relied on by the prosecution do not disclose commission of any offence by the petitioner.

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

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It is submitted that the petitioner surrendered before the court below and that she has been released on bail. The petitioner is unable to say whether charge has been framed or not. In these circumstances, it is only proper that if charge has not been framed she pleads for discharge in the trial court.

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In the result, this Crl.M.C is dismissed. The petitioner may plead for discharge in the trial court if she is so advised provided charge has not been framed so far.

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K.ABRAHAM MATHEW JUDGE

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Vijayalekshmi v. Assistant Commissioner of Police, District Crime Branch, Thiruvananthapuram

Case brief

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Vijayalekshmi v. Assistant Commissioner of Police, District Crime Branch, Thiruvananthapuram

Case brief

What is this about?

What did the court decide?

What the court decided

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