Dismissed

Somesh, v. the State of Kerala

Kerala HC5 Nov 2019Crl.MC/1195/2019

Case brief

AI extract

What is this about?

This Single Judge criminal miscellaneous case petitioned to quash an FIR and related proceedings. The High Court granted leave to withdraw the petition with liberty to file a fresh one after correcting mistakes in an affidavit.

What did the court decide?

Leave granted to withdraw the petition with liberty to file a fresh petition under Section 482 Cr.P.C. after correcting mistakes in the affidavit.

Somesh, Vs the State of Kerala — Quashing and FIR | Kerala HC (2019)

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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 ALEXANDER THOMAS

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

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Crl.MC.No.1195 OF 2019(H)

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AGAINST CC 2511/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,KUNNAMKULAM

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CRIME NO.753/2015 OF Kunnamkulam Police Station , Thrissur

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PETITIONERS/ACCUSD NOS.1 AND 2:

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1 SOMESH,AGED 26 YEARS S/O SOMAN, KRANGATH HOUSE, CHERUVATHANI, ANJUR, KUNNAMKULAM, THRISSUR DISTRICT.

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2 SREEBILESH,AGED 35 YEARS S/O SAHADEVAN, POLIYATH HOUSE, CHERUVATHANI, ANJUR, KUNNAMKULAM, THRISSUR DISTRICT.

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BY ADV. SRI.K.R.ARUN KRISHNAN

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RESPONDENTS/STATE OF KERALA, DE FACTO COMPLAINANT & INJURED:

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

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2 USHA RAJAN, W/O M.O.RAJAN, KORANGATT HOUSE, ANJUR P.O.CHERUVATHANI, KUNNAMKULAM, THRISSUR DISTRICT 680 001.

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3 JAYAN, AGED 45 YEARS

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S/O APPU, KORANGATT HOUSE, ANJUR P.O. CHERUVATHANI, ANJUR, KUNNAMKULAM, THRISSUR DISTRICT 680001.

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4 SHANAL,AGED 19 YEARS S/O RAJAN, KORANGATT HOUSE, ANJUR P.O.CHERUVATHANI, KUNNAMKULAM, THRISSUR DISTRICT 680001.

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Crl.M.C.No.1195/2019

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5 VIPIN, AGED 22 YEARS S/O SIVADAS, CHEMBIL HOUSE, ANJUR P.O.CHERUVATHANI, KUNNAMKULAM, THRISSUR DISTRICT 680001.

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6 RENJITH, AGED 25 YEARS S/O MOHANAN, PANAKKAL HOUSE, ANJUR P.O.CHERUVATHANI, KUNNAMKULAM, THRISSUR DISTRICT 680001.

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R2-4 BY ADV. N.L.BITTO R5-6 BY ADV. N.L.BITTO-K/986/2001

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OTHER PRESENT:

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SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1195/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No.1195 of 2019

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Dated this the 5^th day of November, 2019

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ORDER

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Sri. K.R. Arun Krishnan, learned counsel appearing for the petitioners would submit on the basis of instructions of his party that, since certain mistakes have cropped up in Annexure-A3 affidavit, leave may be granted to the petitioners to withdraw this Criminal Miscellaneous Case with liberty to file a fresh comprehensive petition under Section 482 of Cr.P.C. seeking the very same relief, but after correcting the above said mistake etc.

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Leave is accorded to the petitioners to work out their remedies in the manner known to law. Further, it is also ordered that the Registry will return back the certified copies of Annexure-A1 F.I.R and Annxure-A2 final report and the originals of Annexures-A3 to A7 affidavits to the counsel for the petitioners, if a request in that regard is so made. However, the Registry will ensure that photocopies of those documents are placed in the original of this case file for the purpose of maintenance of record.

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With the said liberty, the above Criminal Miscellaneous Case will stand dismissed as withdrawn.

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Sd/-

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ALEXANDER THOMAS, JUDGE.

acd

Crl.M.C.No.1195/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR CRIME NO 753/2015 DATED 16.4.2015 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 754/2015 WHICH IS SUBMITTED IN CC NO 2511 OF 2016 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATES COURT, KUNNAMKULAM DATED 29.4.2015 ANNEXURE A3 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE DEFACTO-COMPLAINANT/2ND RESPONDENT DATED 12.10.2018 ANNEXURE A4 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE INJURED/3RD RESPONDENT HEREIN DATED 12.10.2018 ANNEXURE A5 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE INJURED/4TH RESPONDENT HEREIN DATED 12.10.2018 ANNEXURE A6 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE INJURED/5TH RESPONDENT HEREIN DATED 12.10.2018 ANNEXURE A7 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE INJURED/5TH RESPONDENT HEREIN DATED 12.10.2018

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True Copy

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P.S. To Judge.

Somesh, v. the State of Kerala

Case brief

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Somesh, v. the State of Kerala

Case brief

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