Allowed

Suresh Babu v. State of Kerala

Kerala HC26 Sept 2018Crl.MC/5033/2018

Case brief

AI extract

What is this about?

Petitioner accused of offences under IPC Sections 427 and 448 for alleged mischief and forgery in a landlord-tenant dispute. Court quashed criminal proceedings as prosecution filed no final report citing witnesses to prove allegations, deeming it an abuse of process.

What did the court decide?

Criminal proceedings in C.C.No.08 of 2018 before the Judicial Magistrate of First Class IX, Ernakulam are quashed.

Suresh Babu Vs State of Kerala — Cheating and Forgery | 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 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940

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Crl.MC.No. 5033 of 2018

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IN CC 8/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM (TEMPORARY)

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PETITIONER/ACCUSED :-

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SURESH BABU AGED 53 YEARS, S/O.PRABHAKARAN,KAITHAVALPPU HOUSE,CHAKKUNGAL ROAD, PALARIVATTOM, ERNAKULAM 682 025.

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BY ADV. SRI.P.B.AJOY

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RESPONDENT/STATE :-

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STATE OF KERALA REPRESENTED BY THE SHO PALARIVATTOM POLICE STATION,ERNAKULAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 682 031.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5033 of 2018

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ORDER

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Petitioner is the accused in C.C.No. 08 of 2018 on the file of the Judicial Magistrate of First Class IX, Ernakulam. He is alleged to have committed the offences under sections 427 and 448 IPC. His friend has a building at Chakkaraparambu in Ernakulam. It had been rented out to 3 persons. A dispute arose between landlord and the tenants. Admittedly, the police summoned them to the police station. The matter was not settled. It is alleged that later the petitioner trespassed into the property and committed some mischief there. The proceedings are sought to be quashed on the ground that the prosecution does not even propose to adduce any evidence to prove that the petitioner committed the offence.

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2. Heard the learned Counsel for the petitioner and learned Public Prosecutor.

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3. I have perused Annexure A2 final report. The prosecution has not cited any witnesses to prove that

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it was the petitioner who committed the offences.

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Crl.MC.No. 5033 of 2018

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The prosecution is an abuse of the process of the court. Final report liable to be quashed.

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In the result this Crl.M.C is allowed. The proceedings in the C.C.No.08 of 2018 on the file of the Judicial Magistrate of First Class IX, Ernakulam are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.

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Sd/K. ABRAHAM MATHEW JUDGE

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SMA

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Crl.MC.No. 5033 of 2018

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 29/11/2017 IN CRIME NO. 1924/2017 OF PALARIVATTOM POLICE STATION ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT IX, ERNAKULAM ALONG WITH THE FIRST INFORMATION STATEMENT ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO. 08/2018 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTIX, ERNAKULAM. ANNEXURE A3 THE TRUE COPY OF THE LEASE DEED DATED 01.10.2016. ANNNEXURE A4 THE TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER OF PETITIONS OF THE PALARIVATTOM POLICE STATION.

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RESPONDENT(S)' ANNEXURES :- NIL

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//TRUE COPY//

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PA TO JUDGE

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SMA

Suresh Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh Babu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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