Dismissed

Shajahan v. the State of Kerala

Kerala HC3 Nov 2020Crl.MC/2016/2017

Case brief

AI extract

What is this about?

The High Court of Kerala quashed a petition under Section 482 CrPC seeking quashing of FIR-related proceedings. The court dismissed the petition as redundant because investigation concluded, a charge sheet was filed, and no challenge was made to the final report, rendering the appeal against the FIR ineffectual.

What did the court decide?

None. Liberty accorded to work out remedy in manner known to law.

Shajahan Vs the 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 ALEXANDER THOMAS

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TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942

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Crl.MC.No.2016 OF 2017

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CRIME NO.305/2016 OF KOLATHUR POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED:

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SHAJAHAN AGED 48 YEARS S/O.KAMALUDHEEN, THAIKKUNDIL HOUSE, KADUNGAPURAM P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.BABU S. NAIR

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RESPONDENT/STATE & DE-FACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031-FOR THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT.

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2 SUNITHA RATNAM @ SHAHINA W/O.MUHAMMED BABU, KODUVALLI, KOZHIKODE DISTRICT-673 572.

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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 03.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.2016 OF 2017

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ALEXANDER THOMAS, J.

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Crl.M.C. No.2016 of 2017

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Dated this the 0 3rd day of November, 2020

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O R D E R

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The prayer in the aforecaptioned Criminal Miscellaneous Case filed on 13.03.2017, under Section 482 of the Code of Criminal Procedure (Cr.P.C.), is as follows:-

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"….........to quash the entire proceedings in Crime No.305/2016 of Kolathur Police Station and it is prayed accordingly.”

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Heard Sri.Babu S. Nair, learned counsel appearing for the petitioner/accused and Sri.Saigi Jacob Palatty, learned Public Prosecutor, appearing for the 1^st respondent-State of Kerala. Though, contesting respondent No.2 has been duly served, there is no appearance for that party.

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The above criminal miscellaneous case has been filed before this Court as early as on 13.03.2017, seeking quashment of the impugned criminal proceedings at Annexure-F, First Information Report (F.I.R.) in crime No.305/2016 of Kolathur Police Station, which has been registered for offence punishable

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Crl.MC.No.2016 OF 2017

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under Section 294(b) of the Indian Penal Code (I.P.C.) and Section 120(o) of the Kerala Police Act, 2011.

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This Court has not formally admitted this petition even now and though the case has come up for consideration on 14.03.2017, and 04.04.2017, this Court has not formally admitted the petition and has not passed any interim order. Later, when the case came up for consideration 02.06.2017, on which day the case was adjourned as there is no representation for the petitioner. Later, this Court has passed order on 06.06.2017, directing issuance of notice to the 2^nd respondent by speed post and that the learned Public Prosecutor has taken notice for the 1^st respondent. On 20.09.2017, this Court noted that the service is complete, but that there is no appearance for the 2^nd respondent and that the learned Public Prosecutor sought time to get instructions and the case was adjourned by a month and this Court only ordered that the petitioner shall not be arrested in the meanwhile. Later, this case came up for consideration on 10.03.2020 and 17.03.2020, on which day no interim orders have been passed and the case have been adjourned and posted after vacation.

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Crl.MC.No.2016 OF 2017 4

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Today, when the matter has come up for consideration, petitioner has not been able to apprise this Court about the subsequent developments in this case.

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However, the Registry of this Court has been apprised by the office of the Judicial First Class Magistrate Court, Perinthalmanna, to whom the copy of Annexure-F, F.I.R. was transmitted that later, the Police has completed investigation and has submitted final report/charge sheet in Crime No.305/2016 of Kolathur Police Station on 27.11.2017, and the learned Magistrate had, thereafter taken cognizance and the case is now pending as Calender Case C.C. No.804/2017 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna. Further that the evidence has not started since a Judicial Officer is not regularly posted in the said court, and the case could not be taken up and the next posting date of the case is 18.12.2020.

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Since the petitioner has not challenged the final report/charge sheet, filed in Annexure-F crime No.305/2016 of Kolathur Police Station, which has now led to the pendency of C.C. No.804/2017 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna, the present challenge made

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Crl.MC.No.2016 OF 2017

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in the Criminal Miscellaneous Case, which is directed only against Annexure-F, F.I.R. in the said crime has lost its efficacy and the prayers raised in this petition has become rather redundant and superfluous. Liberty is accorded to the petitioner to work out his remedy in the manner know to law.

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With the said liberty, the above criminal miscellaneous case will stand dismissed.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Skk//16112020

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Crl.MC.No.2016 OF 2017

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE COMPLAINT CARD OF THE KODUVALLY POLICE STATION

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ANNEXURE B TRUE COPY OF THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE S.I OF POLICE, KODUVALLY DT. 29/7/2016

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ANNEXURE C TRUE COPY OF THE STATEMENT RECORDED FROM THE HUSBAND OF THE 2ND RESPONDENT

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ANNEXURE D TRUE COPY OF THE REPLY GIVEN BY THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION ON 26/8/2016

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ANNEXURE E TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 8/7/2016 BY THE S.I OF POLICE, KOLATHUR ANNEXURE F TRUE COPY OF THE F.I.R IN CRIME NO.305/2016 OF THE KOLATHUR POLICE STATION DATED, 22/8/2016

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RESPONDENTS' EXHIBITS: NIL

Shajahan v. the State of Kerala

Case brief

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Shajahan v. the State of Kerala

Case brief

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