Allowed

Asish v. State of Kerala

Kerala HC27 Jun 2018Crl.MC/3691/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition to quash criminal proceedings against the 6th accused. The prosecution intended to cite only two witnesses who did not mention the petitioner's name. Since no evidence was proposed against him, the proceedings were quashed under Section 509 of CrPC.

What did the court decide?

The criminal proceedings in CP 83 of 2016 against the petitioner were quashed.

Asish 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 27TH DAY OF JUNE 2018 / 6TH ASHADHA, 1940

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Crl.MC.No. 3691 of 2018

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CP.NO.83/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO.908/2015 OF KODUMON POLICE STATION,PATHANAMTHITTA

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PETITIONER/6TH ACCUSED:

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ASISH, AGED 26 YEARS, S/O.SURESH NATH, ONAMPALLIL THAZHATHIL (H), PARAKKODU PADINJARU, PARAKKODU P.O., ADOOR VILLAGE, PATHANAMTHITTA DISTRICT.

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BY ADV.SRI.P.RAHUL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, (SHO, KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts 29/6/2018

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Crl.MC.No. 3691 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A CERTIFIED COPY OF THE FIR ATTACHED WITH FIS IN CRIME NO.908/2015 OF KODUMON POLICE STATION, PATHANAMTHITTA DATED 09-07-2015. ANNEXURE B CERTIFIED COPY SCENE MAHAZAR, IN CRIME NO.908/2015 OF KODUMON POLICE STATION, PATHANAMTHITTA DATED 10-07-2015. ANNEXURE C CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.908/2015 OF KODUMON POLICE STATION, PATHANAMTHITTA DATED 10-06-2016.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts 29/6/2018

K.ABRAHAM MATHEW, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl. M.C. No. 3691 of 2018

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27^th day of June, 2018

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ORDER

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Petitioner is the 6^th accused in C.P 83 of 2016 on the file of the Judicial Magistrate of First Class, Adoor. The prosecution case is that on 09.07.2015 the petitioner along with the co-accused armed with deadly weapons like stones formed themselves into an unlawful assembly and assaulted the police officers who were on law and duty and committed the offences under Sections 143, 144, 146, 147, 148, 307, 332 r/w 149 IPC. The proceedings are sought to be quashed on the ground that the prosecution does not propose to adduce any evidence to prove the allegation against the petitioner.

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

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I have perused the copy of the final report. Apart from the first informant who was working as Additional Sub Inspector the prosecution has cited two witnesses (CW2 and CW3) to prove the occurrence. None of these witnesses has mentioned the name of the petitioner. Thus the prosecution does not even propose to adduce any evidence to prove that the petitioner has also involved in the incident. The proceedings as against him are liable

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Crl. M.C. No. 3691 of 2018

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to be quashed.

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

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proceedings in CP 83 of 2016 on the file of the Judicial Magistrate of First Class, Adoor are quashed in respect of the petitioner.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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//True Copy//

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PA TO JUDGE

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SMA

Asish v. State of Kerala

Case brief

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Asish v. State of Kerala

Case brief

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