Allowed

Manu v. State of Kerala

Kerala HC25 Feb 2020Crl.MC/1066/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal miscellaneous petition to quash criminal proceedings in the second session court. The petitioners, along with others, were accused of various offences. The court found that the case had been amicably settled, no public interest was involved, and the accused had no criminal antecedents.

What did the court decide?

Quashed the entire proceedings in CC No.152/2013 and discharged the accused.

Manu Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

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Crl.MC.No.1066 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CC 152/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

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CRIME NO.2575/2012 OF Kollam East Police Station , Kollam

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PETITIONER/S:

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1 MANU

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AGED 29 YEARS S/O. RAJENDRAN, PUTHUVAL PURAYIDAM, NEAR SMP THEATRE, CANTONMENT SOUTH, KOLLAM EAST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT 691 001 (1ST ACCUSED)

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2 HARILAL AGED 31 YEARS S/O. LALU, HARISRE VIHAR (THITTAYIL PADINJATTATHIL), KLRA NAGAR-48, UDAYAMARTHANDAPURAM CHERRY, MUNDAKKAL VILLADE, KOLLAM TALUK, KOLLAM DISTRICT (2ND ACCUSED)

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3 REZEEM

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AGED 31 YEARS

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S/O.A SHRAF, ATTUKAL PURAYIDOM, KAUMUDI NAGAR 33, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT (3RD ACCUSED)

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4 MANU AGED 31 YEARS S/O.D EVADAS, ATTINKUZHI HOUSE, CANTONMENT SOUTH NAGAR 149, KOLLAM EAST VILLAGE, KOLLAM DISTRICT (4TH ACCUSED)

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BY ADVS.

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SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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Crl.MC.No.1066 OF 2020(C) 2

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2 THE SHO, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT 691 001

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3 SATHEESHKUMAR AGED 31 YEARS S/O. RAMACHANDRAN, PALLIPURAYIDOM, GANAPATHI NAGAR 97, THAMARAKKULAM CHERRY, KOLLAM EAST VILALGE, KOLLAM DISTRICT 691 001

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4 SUNIL @ SANAL, AGED 44 YEARS

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S/O. MANIYAN, PALLIPURAYIDOM, GANAPATHI NAGAR-97, THAMARAKKULAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT 691 001

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R3-4 BY ADV. S.K.PRADEEP

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OTHER PRESENT:

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SRI-RAMESH CHAND- P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1066 OF 2020(C) 3

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O R D E R

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Dated this the 25th day of February 2020

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Petitioners are accused in CC No.152/2013 on the files of

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the Judicial First Class Magistrate Court-II, Kollam for having allegedly committed offences punishable under Sections 341, 294(b), 323 and 324 r/w Section 34 of IPC.

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The de facto complainant and injured are respondents 3 and 4, who have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled and that they do not have any grievance against the petitioners. A report to that effect has also been obtained from the investigating officer. The petitioners do not have any criminal antecedents. There is no public interest involved.

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In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioners in CC No.152/2013 on the files of the Judicial First Class Magistrate Court-II, Kollam stands quashed under Section 482 of Cr.P.C. and the accused are discharged.

Sd/-

ASHOK MENON

rmm

JUDGE

Crl.MC.No.1066 OF 2020(C) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO. 2575/2012 OF KOLLAM EAST POLICE STATION, KOLLAM ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN FIR NO. 2575/2012 OF KOLLAM EAST POLCIE STATION, KOLLAM ANNEXURE A3 AFFIDAVIT BY THE 3RD RESPONDENT DATED 1/2/2020 ANNEXURE A4 AFFIDAVIT BY THE 4TH RESPONDENT DATED 1/2/2020

Manu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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