Allowed

H.K.Shamshu, v. State of Kerala

Kerala HC7 Feb 2020Crl.MC/255/2020

Case brief

AI extract

What is this about?

High Court of Kerala quashed criminal proceedings against petitioner in C.C.No.1106/2019. Petitioner was acquitted of IPC 435 offences after trial, evidence was lacking, the parent case faced acquittal of other accused, matter settled with complainant, and no criminal antecedents existed.

What did the court decide?

Crl.M.C. allowed; all proceedings against petitioner in C.C.No.1106/2019 quashed under Section 482 Cr.P.C.; petitioner discharged.

H.K.Shamshu, 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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FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

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Crl.MC.No.255 OF 2020(B)

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AGAINST THE ORDER/JUDGMENT IN CC 1106/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, HOSDURG

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CRIME NO.597/2011 OF Hosdurg Police Station, Kasargod

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PETITIONER/ACCUSED:

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H.K.SHAMSHU, AGED 38 YEARS, S/O. C.H.IBRAHIM, BUSHRA MANZIL, HOSDURG KADAPPURAM, KANHANGAD P.O., HOSDURG TALUK.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENTS/COMPLAINANT/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 K.VIJAYAN, AGED 61 YEARS, S/O. PAKEERAN, R/AT HOSDURG KADAPPURAM, KANHANAGAD P.O., HOSDURG TALUK.

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R1 BY SRI. E.C. BINEESH, PP R2 BY ADV. VIPIN T. JOSE

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.255 of 2020

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O R D E R

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Dated this the 7th day of February 2020

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The petitioner was originally the 2^nd accused in

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Crime No.597/2011 of Hosdurg Police Station, which was initially taken on file as C.C.No.807/2011 on the file of the Judicial First Class Magistrate Court-I,

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Hosdurg, for having allegedly committed the offences punishable under Section 435 read with Section 34 of I.P.C. The petitioner was absconding and the case

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against him was split up and refiled as C.C.No.674/2015 and consigned to the Long Pending

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and the case against him is now pending as C.C.No.1106/2019 on the file of the same Court. The

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parent case was tried and ended in acquittal of the accused vide Annexure AIII judgment dated 20.03.2015,

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which indicates that there is absolutely no evidence

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against the accused who faced trial and that the

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injured could not identify the assailant and that there was no injury sustained. The defacto

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Crl.M.C.No.255 of 2020

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complainant is the 2^nd respondent herein, who has

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appeared through a Counsel and has filed an affidavit stating that the matter has been amicably settled and

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that he has no existing grievance against the petitioner. A report has been filed by the

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investigating officer through the Senior Public

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Prosecutor to that effect. The petitioner does not have any criminal antecedents and no public interest

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is involved. In view of the acquittal of the 1^st accused, the substratum of the prosecution case has been lost and moreover the matter has been settled with the defacto complainant.

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In the result, the Crl.M.C. is allowed and the

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entire proceedings as against the petitioner in C.C.No.1106/2019 on the file of the Judicial First

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Class Magistrate Court-I, Hosdurg, stands quashed

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under Section 482 of Cr.P.C. and the petitioner is

discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.255 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE AI	COPY OF THE NO.597/2011 OF KASARAGOD.	FINAL REPORT IN CRIME HOSDURG POLICE STATION,
ANNEXURE AII	COPY OF THE NO.597/2011 OF KASARAGOD.	FINAL REPORT IN CRIME HOSDURG POLICE STATION,
ANNEXURE AIII	COPY OF THE JUDG NO.807/2011 OF MAGISTRATE-I, HO	MENT DATED 20/03/2015 IN CC JUDICIAL FIRST CLASS SDURG.
ANNEXURE AIV	AFFIDAVIT SWORN	TO BY THE 2ND RESPONDENT.

H.K.Shamshu, v. State of Kerala

Case brief

What is this about?

What did the court decide?

H.K.Shamshu, v. State of Kerala

Case brief

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