Allowed

Biju Robert v. State of Kerala

Kerala HC5 Apr 2018Crl.MC/1697/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petitioner's special leave petition to quash criminal proceedings under Section 379 IPC. The court held that since other accused were absconding or acquitted, trying the petitioner would serve no purpose.

What did the court decide?

Proceedings in C.C.No.1152 of 2017 on the file of the Judicial First Class Magistrate-IX are quashed as far as the petitioner is concerned.

Biju Robert Vs 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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THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940

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Crl.MC.No. 1697 of 2018

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CC.NO.1152/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IX,

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ERNAKULAM. AGAINST THE JUDGMENT IN CC.NO.1032/2002 of JUDICIAL FIRST CLASS MAGISTRATE -II, ERNAKULAM

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--------

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PETITIONER(S)/ACCUSED NO.4

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BIJU ROBERT, AGED 35 YEARS,S/O.ROBERT,PANDARAPARAMBU HOUSE, VADUTHALA.P.O,ERNAKULAM.

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BY ADVS.SRI.V.JOHN SEBASTIAN RALPH SRI.K.J.JOSEPH (ERNAKULAM) SRI.V.JOHN THOMAS SMT.P.V.DENCY

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.C.K.PRASAD

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1697 of 2018 ()

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APPENDIX

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PETITIONER(S)'ANNEXURES

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ANNEXURE 1 CERTIFIED COPY OF THE FIR NO.37/2001 OF CHERANALLUR POLICE DATED 14.05.2001 ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT IN CC NO.1032/2002 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II,ERNAKULAM DATED 27.02.201O ANNEXURE 3 CERTIFIED COPY OF JDUGMENT OF HON'BLE HIGH COURT OF KERALA IN CRL.M.C.NO.1046/2011 DATED 06.04.2011 ANNEXURE 4 CERTIFIED COPY OF THE CHARGE SHEET NO.1152/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,IX ERNAKULAM.

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RESPONDENT(S)' ANNEXURES - NIL ------------------------------

/TRUE COPY/

PS TO JUDGE

TS 06/04/2018

K.ABRAHAM MATHEW, J.

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Crl.M.C.No.1697 of 2018

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Dated this the 5^th day of April, 2018

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ORDER

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Petitioner was the 4^th accused in C.C.No.1032 of 2002 on

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the file of the Judicial First Class Magistrate Court-II, Ernakulam. He along with five other accused allegedly committed offence under Section 379 IPC. All the accused except the 3^rd accused were absconding. The 3^rd accused alone was tried. He was acquitted by Annexure A2 judgment. Thereafter, the case against absconding accused was refiled as C.C.No.994 of 2010. In Crl.M.C.No.1046 of 2011 by Annexure A3 order this Court quashed proceedings as against the 6^th respondent. The case was transferred to Court of Judicial First Class Magistrate-IX, Ernakulam, where it is now pending as C.C.No.1152 of 2017. The petitioner has appeared before the court below. The prayer is to quash the proceedings as against him.

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

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Crl.M.C.No.1697/18

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It is seen from Annexure A3 order of this Court that

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the trial of the accused will not serve any purpose. So I am inclined to quash the proceedings against the petitioner.

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In the result, this Crl.M.C is allowed. Proceedings in C.C.No.1152 of 2017 on the file of the Judicial First Class Magistrate-IX are quashed as far as the petitioner is concerned.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE.

True copy

P.A to Judge

Crl.M.C.No.1697/18 3

Biju Robert v. State of Kerala

Case brief

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Biju Robert v. State of Kerala

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