Dismissed

Jinto Joy v. State of Kerala

Kerala HC23 Mar 2018Crl.MC/532/2018

Case brief

AI extract

What is this about?

The Court dismissed a petition under Section 482 Cr.P.C. filed by accused persons seeking quashing of proceedings alleging offences under Sections 406 and 420 IPC. The Court held that since charges were already framed, the proper remedy was to challenge the charge-framing order, not to seek quashing.

What did the court decide?

Petition under Section 482 Cr.P.C. to quash proceedings is dismissed.

Jinto Joy Vs State of Kerala — Criminal Trial and Appeal | 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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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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Crl.MC.No. 532 of 2018

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CC 2295/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY. CRIME NO.1315/2015 OF CHALAKKUDY POLICE STATION, THRISSUR.

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PETITIONER(S)/ACCUSED PERSONS:

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1 JINTO JOY, AGED 32, S/O. JOY, KARIPPAYI HOUSE, MOTHIRAKKANNI, PARIYARAM VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT. 2 VALSA JOY, AGED 53, W/O. JOY, KARIPPAYI HOUSE, MOTHIRAKKANNI, PARIYARAM VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT. BY ADV.SRI.N.L.BITTO

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RESPONDENT(S)/STATE OF KERALA AND THE DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031.

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2. THOMSON, AGED 34, S/O.PAUL, THOTTATHIL HOUSE, MELADOOR DESOM, ALATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR, THRISSUR DISTRICT -680 001. R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 532 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE I	A TRUE DATED	COPY OF FIR IN CRIME NO.1315 OF 2015 13/3/2015 OF CHALAKUDY POLICE STATION.
ANNEXURE II	A TRUE NO.131 DATED	COPY OF FINAL REPORT FILED IN CRIME 5 OF 2015 BEFORE THE JFCM CHALAKUDY 30/7/2015.
RESPONDENTS' ------------	ANNEXURES: ----------	NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

26.03.2018.

K.ABRAHAM MATHEW J.

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Crl.M.C. NO.532 OF 2018

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Dated this the 23^rd day of March, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are the accused in Crime No.1315 of 2015 of Chalakudy Police Station pending before the Judicial First Class Magistrate Court, Chalakudy. They are alleged to have committed the offences under Sections 406 and 420 IPC. Their prayer is to quash the proceedings in the trial court as the materials relied on by the prosecution do not disclose commission of any offence by them.

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

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It is submitted that the court has already framed charge. The remedy of the petitioners is to challenge the judicial order of framing charge.

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In the result, this Crl.M.C is dismissed.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Jinto Joy v. State of Kerala

Case brief

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Jinto Joy v. State of Kerala

Case brief

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