Allowed

Arathi v. State of Kerala

Kerala HC9 Feb 2018Crl.MC/54/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition to quash proceedings against the 28th accused in a Sessions Case involving offences under the IPC. The Court noted no overt acts were alleged against the petitioner and granted quashing considering her qualification for Indian Civil Service.

What did the court decide?

All further proceedings against the petitioner in S.C.No.741 of 2014 of the Assistant Sessions Court, Kannur, are quashed.

Arathi 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 B.KEMAL PASHA

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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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Crl.MC.No. 54 of 2018

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---------------------SC 741/2014 OF ASSISTANT SESSIONS COURT, KANNUR CRIME NO. 178/2013 OF KANNAPURAM POLICE STATION , KANNUR

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-------------

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PETITIONER/28TH ACCUSED

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ARATHI, D/O.GOVINDAN, AGED 25 YEARS, KOVVAPPURAM RAMANTHALLI P.O., RAMANTHALI PANCHAYAT III-497,KANNUR

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BY ADV.SRI.NANDAGOPAL S.KURUP

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682018.

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BY PUBLIC PROSECUTOR SRI C.S.HRITHWICK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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Crl.MC.No. 54 of 2018 ()

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1	TRUE COPY OF THE FIRST INFORMATION STATEMENT OF THE DEFACTO COMPLAINANT IN CRIME NUMBER 178/2013 OF KANNAPURAM POLICE STATION
ANNEXURE A2	TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NUMBER 178/2013 OF KANNAPURAM POLICE STATION
ANNEXURE A3	CERTIFIED COPY OF THE FINAL REPORT IN SC 741/2014 ON THE FILES OF THE ASSISTANT SESSIONS COURT, KANNUR
ANNEXURE A4	TRUE COPY OF THE RESULT OF THE CIVIL(PRELIMINARY) EXAMINATION, 2017 PUBLISHED BY THE PRESS INFORMATION BUREAU, GOVERNMENT OF INDIA
ANNEXURE A5	TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER FOR THE CIVIL SERVICES (MAIN) EXAMINATION, 2017.
ANNEXURE A6	TRUE COPY OF THE ADMIT CARD ISSUED BY THE UNION PUBLIC SERVICE COMMISSION FOR APPEARING THE IN THE CIVIL SERVICES(MAIN) EXAMINATION.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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B.KEMAL PASHA, J.

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Crl.M.C.No.54 of 2018

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Dated this the 09^th day of February, 2018

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ORDER

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Petitioner is the 28^th accused in Sessions Case No.741 of 2014 of the Assistant Sessions Court, Kannur, based on Annexure-A3 Final Report in Crime No.178 of 2013 of the Kannapuram Police Station, for the offences under Sections 143, 147, 148, 117, 294(b), 353, 332 and 307 read with Section 149 of the Indian Penal Code. There was an agitation by SFI activists who were students, in which police intervened. It is alleged that the police was attacked and they were indiscriminately pelted with stones. No overt act has been alleged against the petitioner in the Final Report.

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At the same time a witness has stated under Section 161 Cr.P.C. that under the leadership of the petitioner and two other women, around 20 women SFI activists took away the accused who were taken by the police into custody. At the same time, it has not been stated that the petitioner had assaulted or used force or violence against the police allegedly for taking away those persons. There is no case that the petitioner had voluntarily caused hurt to any of the police personnel.

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Crl.M.C.No.54 of 2018

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There is no allegation that the petitioner pelted

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stones or abetted the offence. There is absolutely nothing to invite the offence under Section 307 of the Indian Penal Code or any of the other offences against the petitioner as alleged in the Final Report.

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It has been pointed out that the petitioner has qualified for the Indian Civil Service and therefore, the continuance of the case against the petitioner will be a hindrance to her in the selection process. This Court is satisfied that the proceedings against the petitioner in S.C.No.741 of 2014 of the Assistant Sessions Court, Kannur, can be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in S.C.No.741 of 2014 of the Assistant Sessions Court, Kannur, are quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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skj

Arathi v. State of Kerala

Case brief

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Arathi v. State of Kerala

Case brief

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