A criminal miscellaneous petition filing to quash proceedings against the third accused under Section 7 of the Immoral Traffic (Prevention) Act. The court allowed the petition, quashing the proceedings based on a prior ruling in a related case.
Proceedings in CC No. 2383 of 2015 are quashed so far as the petitioner is concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
Crl.MC.No. 2045 of 2018
CC 2383/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR
PETITIONER/3RD ACCUSED :
RAKHI. T., AGED 26 YEARS, W/O.SUNEESH, RESIDING AT THENGALATH HOUSE, NEAR KANDANKALI HIGHER SECONDARY SCHOOL, KANDAKANKALI PO, PAYYANNUR, KANNUR DISTRICT
BY ADVS.SRI.T.MADHU
SMT.C.R.SARADAMANI SRI.A.S.THOMAS SMITH
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2. THE STATION HOUSE OFFICER KANNUR TOWN POLICE STATION, KANNUR DISTRICT, PIN 670003
R1 & R2 BY ADDL. DIRECTOR GENERAL OF PROSECUTION SRI. SURESH BABU THOMAS K
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp 10/4/2018
Crl.MC.No. 2045 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 1769/2015 DATED 29.09.2015 OF KANNUR TOWN POLICE STATION KANNUR DISTRICT
ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1769/2015 DATED 29.09.2015 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT
ANNEXURE A3 THE TRUE CERTIFIED COPY OF THE ORDER DATED
19.02.2018 IN CRL.MC.NO. 215/2018 OF THE FILES OF THIS HONOURABLE COURT
RESPONDENT'S ANNEXURE : NIL
//TRUE COPY//
P.A. TO JUDGE
bp 10/4/2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2045 of 2018
Dated this the 9th day of April, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioner is the third accused in CC No. 2383 of
2015 on the file of the Judicial First Class Magistrate Court-I, Kannur. She is alleged to have committed the offence under Section 7 of the Immoral Traffic (Prevention) Act (for short, “the Act”). The proceedings are sought to be quashed on the ground that the allegation do not constitute any offence.
3.Heard the learned counsel for the petitioner and learned the Additional Director General of Prosecution.
4.Along with the petitioner two others, namely accused 2 & 4 also were charged with having committed the offence under Section 7 of the Act. In Crl.M.C. No. 215 of 2018, this Court found that the allegations do not constitute the offence under Section 7 of the Act and accordingly, the proceedings against the fourth
Crl.M.C. No. 2045 of 2018
..2..
respondent were quashed. The case of the petitioner also stands on the same footing. The proceedings against her also will be quashed.
In the result, this Crl.M.C. is allowed. The proceedings in CC No. 2383 of 2015 on the file of the Judicial First Class Magistrate Court-I, Kannur are quashed so far as the petitioner is concerned.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/09.04.2018
1 issue framed by the court
Whether proceedings against the petitioner under Section 7 of the Immoral Traffic (Prevention) Act should be quashed given that prior proceedings against others in the same case were quashed.
2 provisions across 2 enactments
RAKHI. T.
THE STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
