Allowed

Jose Varghese v. State of Kerala

Kerala HC12 Sept 2018Crl.MC/3494/2018

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against the petitioner in a case involving unlawful assembly and property damage. Finding he was only an onlooker with no specific act attributed to him, the court allowed the petition to quash proceedings so far as he was concerned.

What did the court decide?

Criminal proceedings in Crime No. 117 of 2018 are quashed so far as the petitioner is concerned.

Jose Varghese 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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WEDNESDAY,THE 12TH DAY OF SEPTEMBER 2018 / 21ST BHADRA, 1940

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Crl.MC.No. 3494 of 2018

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CRIME NO. 117/2018 OF Koipuram Police Station , Pathanamthitta

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PETITIONER/S:

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JOSE VARGHESE, S/O VARGHESE ABRAHAM, AGED 45 YEARS, THUNDIYIL, THANNIMOOTTIL, KURIYANNOOR P.O, THIRUVALLA, PATHANAMTHITTA.

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BY ADV. SRI.VISHAK.K.JOHNSON NITHIN ANCHAL

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :-

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1 STATE OF KERALA, REPRESENTED BY THE PUBLICE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (ON BEHALF OF THE SI OF POLICE, KOYIPPURAM POLICE STATION IN CRIME NO. 117/2018)

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2 P.T.IPE, CHAKKALAYIL PUTHENPRAMBIL, VATTAKOTTAL, KUMBANAD P.O, PURAMATTOM VILLAGE, KOYIPPURAM, PATHANAMTHITTA - 689 547.

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R2 BY ADV.JACOB P ALEX R1 BY SRI.HRITHWIK.C.S SR.PUBLIC PROSECUTOR.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3494 of 2018

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O R D E R

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Petitioner is the 13^th accused in Crime No. 117 of 2018 of Koyippuram Police Station, registered for the offences under sections 143, 147, 149, 153, 427 and 447 IPC. The case was registered on the basis of the information given by the second respondent who is a member of the church of God in India at Kumbanad. The church had in its occupation certain extent of land. A gate had been put up in the wall on in its boundaries. The allegation is that the

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accused including the petitioner who were the workers of the BJP demolished the wall, tresspassed into the property after forming themselves into an unlawful assembly. The proceedings against the petitioners are sought to be quashed on the ground that he was only an onlooker and he was not a member of the unlawful assembly.

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2. Heard the learned counsel for the petitioner and second respondent and the learned Public Prosecutor.

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Crl.MC.No. 3494 of 2018

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3. It was on the basis of the statement of

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one Samson the police showed the name of the petitioner as an accused in the case. No specific act has been attributed to him in the statement. I have seen the Compact Disc on which the incident was recorded. The petitioner is not seen taking part in the demolition of the wall or the gate. He is seen at the venue of the meeting organized by the other accused at the place of occurrence. The picture shows that he was only an onlooker. Having regard to these facts, I am inclined to quash the proceedings as against him.

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In the result, this Crl.M.C is allowed. The proceedings in Crime No. 117 of 2018 of Koyippuram Police Station are quashed so far as the petitioner is concerned.

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Sd/-

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SMA

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K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 3494 of 2018

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A P P E N D I X

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PETITIONER(S)'	ANNEXUR	ES :-
ANNEXURE A-1	:-	TRUE COPY OF REPORT SUBMITTED BY THE S.I OF POLICE, KOYIPPURAM BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS DATED 17.03.2016.
ANNEXURE A-2	:-	TRUE COPY OF REPORT SUBMITTED BY THE S.I OF POLICE, KOYIPPURAM BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS DATED 17.03.2016.
ANNEXURE A-3	:-	TRUE COPY OF CERTIFICATE ISSUED BY THE EMPLOYER OF THE PETITIONER DATED 24.05.2018.
ANNEXURE A-4	:-	TRUE COPY OF PASSPORT OF THE PETITIONER.
RESPONDENT(S)'	ANNEXUR	ES :- NIL
		//TRUE COPY// PA TO JUDGE

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SMA

Jose Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jose Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

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