The High Court of Kerala quashed criminal proceedings against the petitioner in a case concerning theft and criminal breach of trust. The matter was settled amicably, no public interest was involved, and the accused had no antecedents.
The entire proceedings against the petitioner are quashed and the accused is discharged.
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 ASHOK MENON
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
Crl.MC.No.160 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CC 229/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOZHIKODE
CRIME NO.305/2017 OF Panniankara Police Station, Kozhikode
PETITIONER/ACCUSED:
MUHAMMED SHAHAL.P AGED 23 YEARS S/O. HAMSAKOYA, KUTTAKIL HOUSE, APPATTA, CHERUVATTAKADAVU, CHERUVATTA, PANNIANKARA, KOZHIKODE P.O. 673 001.
BY ADV. SRI.NIRMAL. S
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031, (PANNIANKARA POLICE STATION).
2 MUHAMMED NAQUEEB D.R, AGED 22 YEARS, S/O. MANSOOR MARAKKAR DARULRASHAD HOUSE, NEAR HIDAYATHUL SUBIAN MADRASSA, CHENKKOTTU POYIL, PARANNOOR POST, NARIKKUNI, KOZHIKODE 673 585.
R2 BY ADV. RESMI NANDANAN PP - RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.160 OF 2020(H)
ORDER
Dated this the 3rd day of March 2020
The petitioner is the sole accused in CC No.229/2018 on the file of the Judicial
First Class Magistrate Court-I, Kozhikode, for having allegedly committed offences punishable under Sections 457, 380 of the IPC.
that he has no grievance against the petitioner. A report to that effect has also been obtained from the Investigating Officer.
Th petitioner does not have any criminal
antecedents. No public interest is involved.
In the result, the Crl.M.C is allowed and
Crl.MC.No.160 OF 2020(H)
the entire proceedings as against the petitioner in CC No.229/2018 on the file of the Judicial First Class Magistrate Court-I, Kozhikode, stands quashed under Section 482 of the Cr.P.C and the accused is discharged.
Sd/-
ASHOK MENON
JUDGE
SPK
4
Crl.MC.No.160 OF 2020(H)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 152/2017 DATED 13/04/2017.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT NO. 305/2017 DATED 30/08/2017.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT NO. 305/2017 DATED 30/08/2017.
ANNEXURE A3 THE AFFIDAVIT OF THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the criminal proceedings under Sections 380 and 457 IPC against the petitioner should be quashed given the settlement and lack of public interest.
Whether the petitioner, having no criminal antecedents and the matter being amicably settled, should be discharged.
2 provisions across 2 enactments
MUHAMMED SHAHAL.P
STATE OF KERALA
MUHAMMED NAQUEEB D.R
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
