Disposed

Vishnu v. State of Kerala

Kerala HC23 Feb 2018Crl.MC/692/2018

Case brief

AI extract

What is this about?

The High Court quashed a criminal miscellaneous petition challenging a final report. It held that counsel arguments for quashing the FIR and FIR-related proceedings cannot be considered at admission stage due to prematurity. The order remanded all such contentions to the trial court, directing it to dispose of the matter within six months.

What did the court decide?

Petitioner directed to raise contentions before trial court; trial court to dispose C.C.No.90/2016 within six months.

Vishnu 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 B.KEMAL PASHA

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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Crl.MC.No. 692 of 2018

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CC.NO.90/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO. 1435/2015 OF THEKKUMBHAGOM POLICE STATION ,KOLLAM.

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----------

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PETITIONER(S)/8TH ACCUSED

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VISHNU, AGED 27 YEARS, S/O. VIKRAMAN, VISHNU NIVAS, (KOTHAKUZHIYIL HOUSE), VADAKKUMBHAGAM MURI, THEKKUMBHAGAM VILLAGE, CHAVARA, KOLLAM, PIN - 691 583.

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BY ADV.SRI.PEEYUS A.KOTTAM

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RESPONDENT(S)/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031.

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2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM, PINCODE - 691 583, (REPRESENTED BY INVESTIGATING OFFICER IN CRIME NO. 1435/2015 OF CHAVARA POLICE STATION, KOLLAM).

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BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 692 of 2018 () -------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 1435/2015 OF CHAVARA THEKKUMBHAGAM POLICE STATION. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1435/2015 OF CHAVARA THEKKUMBHAGAM POLICE STATION WHICH IS HAVE PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA AS C.C NO. 90/2016.

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RESPONDENT(S)' ANNEXURES- NIL

/TRUE COPY/

PS TO JUDGE

23/02/2018

B. KEMAL PASHA, J.

----------------------------------------------Crl.M.C.No.692 of 2018

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Dated this the 23^rd day of February, 2018

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O R D E R

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Petitioner is the 8^th accused in C.C.No.90/2016 of the Judicial First Class Magistrate's Court, Chavara, based on Annexure-A2 final report in Crime No.1435/2015 of the Chavara Police Station, for the offences punishable under Sections 143, 147, 353 and 427 read with 149 IPC and Section 3(1) of the Prevention of Damage to Public Property Act, 1984.

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The arguments presently advanced by the learned counsel for the petitioner are not matters which can be considered by this Court at this stage. Present stage is too premature to consider those aspects. At the same time, the petitioner can take up all these contentions before the court below during trial. Being an old matter, the court

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Crl.M.C.No.692 of 2018

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below is directed to dispose of C.C.No.90/2016, as

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expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this order.

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Accordingly, this Crl.M.C. is disposed of.

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Sd/-

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B.KEMAL PASHA, JUDGE

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Vishnu v. State of Kerala

Case brief

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Vishnu v. State of Kerala

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