Allowed

Pushparaj v. State of Kerala

Kerala HC2 Jul 2018Crl.MC/900/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case regarding quashing of FIR. Petitioners accused of transporting explosives without a license under Explosives Act. Court allowed petition as petitioners produce valid license to possess the articles.

What did the court decide?

Proceedings in Crime No. 71 of 2018 of Marayamuttam Police Station are quashed. Learned magistrate directed to pass appropriate orders for disposal of any material objects.

Pushparaj Vs State of Kerala — Quashing and FIR | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

MONDAY, THE 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940

¶5

Crl.MC.No. 900 of 2018

¶6

CRIME NO. 71/2018 OF MARAYAMUTTAM POLICE STATION , THIRUVANANTHAPURAM DISTRICT

¶7

PETITIONERS/A1 & A2

¶8

1 PUSHPARAJ, AGED 27, S/O.BANCHAMINE, ROSE BHAVAN, ALATHOOR, ANCODE DESOM, PERUMKADAVILA, MARAYAMUTTAM, THIRUVANANTHAPURAM.

¶9

2 BINEESH,

¶10

AGED 23, S/O.BINU, VELLARA THUNDUVILA PUTHENVEEDU,

¶11

ANAVOOR DESOM, ANAVOOR VILLAGE, MARAYAMUTTAM,

¶12

THIRUVANANTHAPURAM.

¶13

BY ADV.SRI.SHAJIN S.HAMEED

¶14

RESPONDENT/STATE:

¶15

STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MARAYAMUTTAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶16

BY SR PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

sdr/3.7.18

¶19

Crl.MC.No. 900 of 2018 ()

¶20

APPENDIX

¶21

PETITIONER(S)' ANNEXURES

¶22

ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.71/2018 OF MARAYAMUTTAM POLICE STATION. ANNEXURE B PHOTOCOPY OF THE LICENSE ISSUED TO THOMAS PHILIP, DELTA M-SAND PVT.LTD. ANAVOOR BY THE JOINT CONTROLLER OF EXPLOSIVES. ANNEXURE C PHOTOCOPY OF THE INVOICE NO.B-3118 DATED 17-01-2018 ISSUED FROM TWINS ARMOURY. ANNEXURE D PHOTOCOPY OF THE INVOICE NO.3213 DATED 18-01-2018 ISSUED FROM TWINS ARMOURY.

¶23

RESPONDENTS ANNEXURES NIL

/TRUE COPY/

PA O JUDGE

sdr/3.7.18

K. ABRAHAM MATHEW, J.

¶28

-------------------------------------------------Crl.M.C. No. 900 of 2018

¶29

Dated this the 2^nd day of July, 2018

¶30

O R D E R

¶31

Petition filed under Section 482 Cr.P.C.

¶32

Petitioners are the accused in Crime No. 71 of 2018 of

¶33

Marayamuttam Police Station registered for the offence under Section 9B of the Explosives Act and Sections 4 & 5 of the Explosives Substances Act. The allegation is that they were found transporting explosives and explosive substances without having any licence to possess them. The proceedings are sought to be quashed on the ground that they have the licence to possess those articles.

¶34

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

¶35

The petitioners submit that Annexure-B licence permits them to possess the articles which were transported. I have perused Annexure-B licence, which is admittedly a genuine one. The petitioners

¶36

..2..

¶37

Crl.M.C. No. 900 of 2018

¶38

had the licence to possess the articles, which were transported. The proceedings are liable to be quashed.

¶39

In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 71 of 2018 of Marayamuttam Police Station are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.

¶40

Sd/-

¶41

K. ABRAHAM MATHEW JUDGE

¶42

bka/02.07.2018

Pushparaj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pushparaj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Chathu Vs State of Kerala

J. Komalan Vs State of Kerala

Biju Vs State of Kerala

Febin Vs the Sub Divisional Magistrate

Bismil Vs State of Kerala

Anil Kumar @ Kumar Vs State of Kerala