Allowed

Milton Fernandez v. State of Kerala

Kerala HC4 Jun 2018Crl.MC/2029/2018

Case brief

AI extract

What is this about?

In a Criminal Misc. Case filed under Section 482 Cr.P.C., the High Court of Kerala examined petitioners request to quash criminal proceedings based on co-accused acquittal and prior quashal orders. The bench allowed the petition, ruling that the trial against the petitioner would not serve any purpose. Consequently, the proceedings against the petitioner in C.C. No.1152/2017 were quashed.

What did the court decide?

The proceedings in C.C. No.1152/2017 on the file of the Judicial First Class Magistrate Court-IX, Ernakulam were quashed as far as the petitioner is concerned.

Milton Fernandez Vs State of Kerala — Cheating and Forgery | 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 4TH DAY OF JUNE 2018 / 14TH JYAISHTA, 1940

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CRL.MC.NO.2029 OF 2018

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TO QUASH THE PROCEEDINGS IN CC NO.1152/2017 OF J.M.F.C.- IX, ERNAKULAM AGAINST THE JUDGMENT IN CC 1032/2002 OF J.M.F.C.-II, ERNAKULAM CRIME NO.37/2001 OF CHERANELLOOR POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED NO.1

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MILTON FERNANDEZ, AGED 37 YEARS, S/O.FERNANDEZ, KALLARACKAL HOUSE, VADUTHALA, CHERANALLOOR, ERNAKULAM DISTRICT.

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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/COMPLAINANT:

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

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BY SR.PUBLIC PROSECUTOR SHRI.ALEX M THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-062018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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:2:

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Crl.MC.No. 2029 of 2018 ()

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APPENDIX

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PETITIONER'S ANNEXURES

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ANNEXURE 1- TRUE COPY OF THE FIR NO.37/2001 OF CHERANALLUR POLICE DATED 14/05/2001.

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ANNEXURE 2- TRUE COPY OF THE JUDGMENT IN CC NO.1032/2002 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ERNAKULAM DATED 27/02/2010.

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ANNEXURE 3- TRUE COPY OF JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN CRL.M.C.NO.1046/2011 DATED 06/04/2011. ANNEXURE 4- TRUE COPY OF THE FINAL REPORT IN CC NO.1152/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IX ERNAKULAM.

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RESPONDENT'S EXHIBITS : NIL ---------------------

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//TRUE COPY//

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vgd/04.06.18 PA TO JUDGE

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K.ABRAHAM MATHEW, J.

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Crl.M.C.No.2029 of 2018

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Dated this the 04^th day of June, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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The petitioner was the 1^st accused in

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C.C.No.1032/2002 on the file of the Judicial First Class Magistrate Court-II, Ernakulam. He along with the coaccused committed the offence under Section 379 read with Section 34 IPC. As the petitioner and others were no available for trial. Only the 3^rd accused was tried. He was acquitted by Annexure-2 judgment. The case against others was re-filed as C.C.No.994/2010. The proceedings as against the 6^th accused was quashed by this Court by Annexure-3 order in Crl.M.C.No.1046/2011. The case was re-filed as C.C.No.1152/2017 on the file of JFCM-IX, Ernakulam. The proceedings against the petitioner are sought to be quashed on the ground that no purpose will be served by the trial of the petitioner.

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Crl.M.C.No.2029 of 2018

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Heard the learned counsel for the petitioner and

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the learned Public Prosecutor.

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I have perused Annexure-2 judgment by which the 3^rd accused was submitted and Annexure-3 order by which the proceedings against the 6^th accused were quashed. I am satisfied that the trial of the petitioner

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also will not serve any purpose.

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In the result, this Crl.M.C is allowed. The

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proceedings in C.C.No.1152/2017 on the file of the Judicial First Class Magistrate Court-IX, Ernakulam are quashed so far as the petitioner is concerned.

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Sd/-

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K.ABRAHAM MATHEW

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vgd/04.06.18

Milton Fernandez v. State of Kerala

Case brief

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Milton Fernandez v. State of Kerala

Case brief

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