Disposed

K. Sasidharan, v. Geetha

Kerala HC5 Sept 2019Crl.MC/152/2019

Case brief

AI extract

What is this about?

The Court disposed of the Criminal Miscellaneous Case filed to quash an FIR under the SC/ST Act. Relying on the final refer report filed by the prosecution indicating false allegations, the Court directed the Special Court to finalize proceedings instead of quashing the FIR.

What did the court decide?

The applicant filed a petition to quash the FIR; the court directed the Special Court to consider the final refer report and finalize proceedings without quashing.

K. Sasidharan, Vs Geetha — Caste Atrocities | 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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THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941

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Crl.MC.No.152 OF 2019(H)

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CRIME NO.582/2018 OF Cherpu Police Station , Thrissur

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PETITIONER/S:

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1 K. SASIDHARAN, AGED 68 YEARS S/O SANKARAN NAIR,KAKKANAT HOUSE,PERINCHERY P.O.THRISSUR DISTRICT,PIN 680 306.

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2 DEEPAK, AGED 30 YEARS S/O K.SASIDHARAN,KAKKANAT HOUSE,PERINCHERY P.O.THRISSUR DISTRICT,PIN 680 306.

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BY ADVS.

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SRI.DINESH MATHEW J.MURICKEN SMT.RONA GEEVARGHESE

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RESPONDENT/S:

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1 GEETHA, AGED 43 YEARS W/O SUKUMARAN,CHIRANGADATH HOUSE,PALIYAM PADAM DESAM,PALLISSERY VILLAGE,CHERPU,THRISSUR DISTRICT,PIN 680 561.

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2 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 031.

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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 05.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.152/2019

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ALEXANDER THOMAS, J.

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Crl.M.C.No.152 of 2019

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Dated this the 5^th day of September, 2019

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ORDER

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The main prayer in the above Criminal Miscellaneous Case filed under the enabling provisions contained in Section 482 of Cr.P.C is as follows:

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“....pleased to quash the Annexure A2 first information report in Crime No.582/2018 of Cherpu Police Station,Thrissur District. ”

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Heard Sri. Dinesh Mathew. J. Murikan, learned counsel appearing for the petitioners/accused persons and Sri. Saigi Jacob Palatty, learned Public Prosecutor appearing for R2 State of Kerala.

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Now it is submitted by the learned Public Prosecutor appearing for R2 State of Kerala on the basis of instructions from the Investigating Officer in this crime that the investigating agency has duly completed and finalised the investigation process and also duly filed the final report in the above said crime as a refer report with a finding that the allegations are false etc.

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In view of the above said submission made by the prosecution agency, there is no necessity to keep the Crl.M.C. Pending on the file of this Court any more except to issue a direction to the competent criminal

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Crl.M.C.No.152/2019

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court concerned to take up the matter in the refer report and then to finalise the proceedings in the manner known to law. It is seen that the competent court in this case is the Special Court notified to deal with the offences under SC/ST (Prevention of Atrocities) Act, 1989.

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Accordingly, it is ordered that the notified Special Court will take up the refer report and may issue notice to the lady defacto complainant and thereafter, may finalise the matter in the manner known to law, without much delay, preferably within a period of 6-8 weeks from the date of production of a certified copy of this order. The petitioner will produce a certified copy of this order before the Investigating Office and before the Special Court notified to deal with the offences under SC/ST (Prevention of Atrocities) Act, 1989, who is dealing with the instant case for information and further action. The office of the Advocate General will also forward a certified copy of this order to the Investigating Officer concerned.

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With these observations and directions, the above Crl.M.C. will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

acd

Crl.M.C.No.152/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 580/2018 OF CHERPU POLICE STATION DATED 7.10.2018 ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 582/2018 OF CHERPU POLICE STATION DATED 9.10.2018

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True Copy

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P.S. To Judge.

K. Sasidharan, v. Geetha

Case brief

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K. Sasidharan, v. Geetha

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