The High Court of Kerala dismissed a criminal miscellaneous petition filed by accused persons, holding that further proceedings must await the victim's 164 statement under the Protection of Children from Sexual Offences Act.
The criminal miscellaneous case fails and is closed.
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
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 18TH DAY OF JULY 2018 / 27TH ASHADHA, 1940
Crl.MC.No. 4321 of 2018
CRIME NO. 510/2018 OF SOORANADU POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED NOS. 1 & 2
1 SHAN, AGED 19 YEARS, S/O. SALEEM H., VAZHATHOTTATHIL HOUSE, SOORANADU NORTH, KOLLAM DISTRICT.
AGED 18 YEARS, S/O. SALEEM H., VAZHATHOTTATHIL HOUSE, SOORANADU NORTH, KOLLAM DISTRICT.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT(S)/STATE/COMPLAINANT:
1. THE STATE OF KERALA,
2. SHIHAS, AGED 13 YEARS, S/O. SHIHABIDEEN, SHIHAS MANZIL, THEKKEMURI, SOORANAD, KOLLAM DISTRICT REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SHIHABIDEEN, AGED 38 YEARS, S/O. HANEEFA RAWTHER, SHIHAS MANZIL, THEKKEMURI, SOORANAD, KOLLAM DISTRICT - 685 001.
R1 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH R2 BY ADV. SRI.R.RAJESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/-
Crl.MC.No. 4321 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO. 510/2018 OF SOORANADU POLICE STATION, KOLLAM DISTRICT.
RESPONDENT(S)' ANNEXURES:
NIL
// TRUE COPY //
P.A.TO JUDGE
DSV/-
SUNIL THOMAS, J
====================
Crl.M.C.No.4321 of 2018
===================
Dated this the 18th day of July, 2018
O R D E R
It seems that the victim has given a statement alleging the commission of offence under section 377 of the Protection of Children from Sexual Offiences Act in the 164 statement. It is seen stated in the Section 164 Statement also. Having considered this, I am not inclined to allow this Crl.M.C. at this point of time. This Crl.M.C.fails.
Hence, this Crl.M.C. is accordingly closed.
Sd/-
SUNIL THOMAS, JUDGE
DSV/18/7/18
1 issue framed by the court
Whether to allow the criminal miscellaneous case during the pendency of the statutory inquiry under the Protection of Children from Sexual Offences Act.
Shan
Shamnad
The State of Kerala
Shahas
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
