The High Court allowed the petition for quashing criminal proceedings under Section 482 Cr.P.C. on the ground that the matter had been settled and no public interest was involved, despite specific IPC offences alleged against the petitioners.
Criminal proceedings in C.P. No. 60 of 2017 are quashed; trial court may pass orders for disposal of material objects.
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
FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
Crl.MC.No. 4009 of 2018
C.P.NO. 60/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,VADAKARA
CRIME NO. 1612/2016 OF VADAKARA POLICE STATION , KOZHIKODE DISTRICT
PETITIONERS/ACCUSED
1 MUHAMMED SAHIM,
AGED 25 YEARS,S/O ABDULLA,PUZHAKKAL
HOUSE,KADAVATHUR.P.O,
KANNUR DT.PIN-670676.
2 ISHAQ,
AGED 25 YEARS,S/O MUHAMMED,KOVAYIL
HOUSE,KADAVATHUR.P.O,
KANNUR DT. PIN-670676.
3 MUHAMMED,
AGED 25 YEARS,S/O KUNHABHDULLA,PUTHANPURAYIL HOUSE, KADAVATHUR.P.O,KANNUR DT.PIN 670676.
AGED 20 YEARS,S/O ASHRAF,THARAYIL HOUSE,KADAVATHUR.P.O, KANNUR DT.PIN 670676.
BY ADV.SRI.M.MUHAMMED SHAFI
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT::
1. STATE OF KERALA(SUB INSPECTOR OF POLICE,VADAKARA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2. SAREESH KUMAR.M.K,
R1 BY SR PUBLIC PROSECUTOR SRI. ALEX M THOMBRA R2 BY ADV. SMT.T.RASINI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/7.7.18
Crl.MC.No. 4009 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE-A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1612/16 OF VADAKARA POLICE STATION
ANNEXURE-A2 AFFIDAVIT DATED 19.01.2018.
RESPONDENTS ANNEXURES NIL
/TRUE COPY/
PA TO JUDGE
sdr/7.7.18
K.ABRAHAM MATHEW J.
Crl.M.C. No. 4009 of 2018
Dated this the 6th day of July, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
-:2:-
Crl.M.C. 4009/18
involved in this case. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in C.P. No.60 of 2017 on the file of the Judicial Magistrate of First Class, Vadakara are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 6/7
/True Copy/ PS to Judge
1 issue framed by the court
Whether proceedings in the trial court matters settled can be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
MUHAMMED SAHIM
ISHAQ
MUHAMMED (No. 1)
MUHAMMED (No. 2)
STATE OF KERALA
SAREESH KUMAR.M.K
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
