The Criminal Miscellaneous petition seeking quashing of criminal proceedings under Section 482 CrPC was disposed of as infructuous because the petitioner had already been acquitted by the trial court in the underlying case.
The Criminal Miscellaneous Case was disposed of as infructuous.
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 ALEXANDER THOMAS
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
CRL.MC.NO.2913 OF 2017
MC 13/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY
CRIME NO.251/2017 OF ERUMELI POLICE STATION, KOTTAYAM
PETITIONER/1ST ACCUSED:
SHEFEER KHAN K.S S/O.SAINUDEEN.K.S,AGED 42,KUTHIRAMKAVIL HOUSE,K.C.ROAD,ANAVAL.P.O,KANJIRAPILLY.
BY ADV. SRI.K.R.SUNIL
RESPONDENT/COMPLAINANT:
STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ERUMELI POLICE STATION,ERUMELI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
SRI.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C. No. 2913 of 2017
Dated this the 5th day of November, 2020
O R D E R
The prayer in the above Criminal Miscellaneous Case filed under Sec.482 of the Code of Criminal Procedure is as follows:
“.....call for the records pursuant to Annexure A1 and A2 in Crime No.251/17, Erumeli Police Station, and quash the same as an abuse of process of law in the interest of justice.”
2. Heard Sri.K.R.Sunil, learned counsel appearing for the petitioner
(sole accused) and Sri.B.Jayasurya, learned Public Prosecutor appearing for the respondent State.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
Crl.M.C. No. 2913 of 2017
..3..
APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE A1 | CERTIFIED COPY OF THE BEFORE THE JFMC-II,KANJI |
FIR RAPPIL |
SUBMITTED LY |
|---|---|---|---|
| ANNEXURE A2 | CERTIFIED COPY OF THE SUBMITTED BEFORE II,KANJIRAPPILLY |
FINA THE |
L REPORT JFMC- |
| ANNEXURE A3 | FIRST INFORMATION STAT DEFACTO COMPLAINANT |
EMENT | OF THE |
| ANNEXURE A4 | TRUE COPY OF THE O.S PENDING BEFORE THE SUB C |
.NO.8 OURT,P |
OF 2017 ALA. |
| ANNEXURE A5 | TRUE COPY OF THE 08.03.2017 SENT BY THE THE DISTRICT OFFICER,KOTTAYAM. |
LETTE RESPO ED |
R DATED NDENT TO UCATIONAL |
| ANNEXURE A6 | TRUE COPY OF THE 23.03.2017 SENT BY EDUCATION OFFICER,KANJIR MANAGER VAVAR ME SCHOOL,ERUMELI |
LETTE THE APPILL MORIAL |
R DATED DISTRICT Y TO THE HIGH |
| ANNEXURE A7 | TRUE COPY OF THE 01.04.2017 SENT BY V.M.H.S,ERUMELI |
LETTE THE |
R DATED MANAGER, |
| ANNEXURE A8 | THE TRUE COPY OF THE DATED 13.2.2017 OF THE KANJIRAPPALLY,IN CMP.NO. M.C.NO.13 0F 2017. |
INTER JFCM 791 O |
IM ORDER COURT II F 2017 IN |
1 issue framed by the court
Whether the prayer for quashment of criminal proceedings was maintainable in light of the petitioner's prior acquittal.
1 provisions across 1 enactments
SHEFEER KHAN K.S
STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ERUMELI POLICE STATION
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
