The court dismissed a Criminal Miscellaneous Case filed by accused persons against a Magistrate's order, noting that the alleged offences were compoundable under Section 320 Cr.P.C., thereby rendering the petition unentertainable.
The Criminal Miscellaneous Case is dismissed; no further jurisdiction is exercised to entertain the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941
Crl.MC.No.2936 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN LP 11/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA
CRIME NO.1434/2014 OF Perinthalmanna Police Station , Malappuram
PETITIONER/S/ACCUSED NOS. 1 & 2:
2 MOHAMMED, AGED 64 YEARS, S/O. KOYAKUTTY, BHAGAVATHI PARAMBIL HOUSE,THAZHAKKODE, KAPPUMUGHAM, MALAPPURAM DISTRICT,
BY ADV. SRI.K.RAKESH
RESPONDENT/S/STATE & DEFACTO COMPLAINANT:
2 THE STATION HOUSE OFFICER PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, PIN-679322.
3 KOYA S/O. MOIDU HAJI, AGED 57 YEARS, BHAGAVATHI PARAMBIL HOUSE, THAZHAKKODE, KAPPUMUGHAM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN-679322.
4 JAMEELA W/O. KUHALI, BHAGAVATHI PARAMBIL HOUSE, THOOTHA P.O, MALAPPURAM DISTRICT, PIN-679357.
R3-5 BY ADV. K.S.PRAVEEN
Crl.MC.No.2936 OF 2019(F)
2
SMT.V.SREEJA,PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2936 OF 2019(F)
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O R D E R
The petitioners are accused in L.P.No.11/2019 on
the files of the court below. The above case arose out of Crime No.1434/2014 of Perinthalmanna Police Station. The offences alleged are punishable under Sections 447 and 427 read with Section 34 IPC. Since the offences alleged are compoundable offences, the petitioners shall be at liberty to approach the court concerned and apply for granting permission to compound the offence under Section 320 Cr.P.C. In view of the above, I am not inclined to entertain this Crl.M.C.
Accordingly, this Crl.M.C. stands closed.
Sd/- B.SUDHEENDRA KUMAR
JUDGE
RK/23.09.2019
Crl.MC.No.2936 OF 2019(F)
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FIR DATED 25.10.2014 IN CRIME NO.1434/2014 OF PERINTHALMANNA POLICE STATION.
ANNEXURE B TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO.1434/2014 OF THE PERINTHALMANNA POLICE STATION.
ANNEXURE C AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED, 23.03.2019.
ANNEXURE D AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 2.4.2019.
ANNEXURE E AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT DATED 2.4.2019.
RESPONDENT'S/S EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
RK
1 issue framed by the court
Whether the High Court should exercise jurisdiction to entertain the Criminal Miscellaneous Case in a case involving compoundable offences.
2 provisions across 2 enactments
Asharaf
Mohammed
The State of Kerala
Koya
Jameela
Thithutti
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
