Disposed

Sidheeque v. State of Kerala Represented by Public Prosecutor

Kerala HC8 Sept 2020Crl.MC/2936/2016

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court disposed of the petition filed under Section 482 Cr.P.C. for quashing FIR and charge sheet, noting that the lower court had already proceeded despite the interim stay having lapsed. The court left contentions open.

What did the court decide?

Criminal miscellaneous case disposed of; contentions of both sides left open.

Sidheeque Vs State of Kerala Represented by Public Prosecutor — 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 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942

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CRL.MC.NO.2936 OF 2016

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CC 1804/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA

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CRIME NO.3446/2012 OF ALUVA POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED NOS.1 & 2:

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1 SIDHEEQUE, AGED 69, S/O.ABDUL KHADER, MANAKKALAKATHOOT HOUSE, EDAYAPPURAM KARA NEAR MILLUPADY JUNCTION, ALUVA EAST VILLAGE.

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2 MOHAMMED KABEER, AGED 34, S/O.SIDHEEK, MANAKKALAKATHOOT HOUSE, EDAYAPPURAM KARA NEAR MILLUPADY JUNCTION, ALUVA EAST VILLAGE.

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BY ADVS.

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SRI.V.K.MOHAMMED YOUSUF, SRI.M.M.ALIKUNJU

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE ALUVA (E) POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

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*** 2 THAHIRA MAJEED, AGED 49 YEARS, W/O.MAJEED, THOPPUKADAVIL HOUSE, EDAYAPURAM, ALUVA.**

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IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 05.04.17 IN CRL.M.A. 3622/17 IN CRL.M.C. 2936/16.

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SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR ADVS. SRI.K.ARJUN VENUGOPAL

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SMT.V.A.HARITHA, SRI.P.A.MOHAMMED SHAH SMT.MARY RESHMA GEORGE, SMT.P.M.MAZNA MANSOOR SRI.SOORAJ T.ELENJICKAL, SMT.SANDHYA R.NAIR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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Crl.M.C. No. 2936 of 2016

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Dated this the 8^th day of September, 2020

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O R D E R

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The prayer in the above Criminal Miscellaneous Case

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filed under Section 482 of the Cr.P.C. is as follows:

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“..........set aside the entire proceedings in Annexure 1 FIR No.3446/12 dated 18/12/2012 and Annexure 3 charge sheet in Crime Case No.3446/12 dated 21/10/2013 of Judicial First Class Magistrate Court I Court Aluva.”

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The above Criminal Miscellaneous Case was filed on

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18.5.2016 and the case had come up for admission on 19.5.2016 , on which day this Court had admitted the case and also granted interim stay as prayed for for a period of one month. The said interim order has been extended from time to time. By order dated 5.4.2017 this Court had extended the interim order by 3 months which was upto 4.7.2017. When the case had come up for consideration on 6.7.2017, there was no representation for the petitioner and it was apprised to this Court that the Court below concerned had already proceeded with the case as there was no interim order of this Court in this case thereafter. Both sides have not apprised this Court about the subsequent developments in this case. Therefore there is no necessity to keep this case pending any

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Crl.M.C. No. 2936 of 2016

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..3..

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longer as it has been noted by this Court as per order rendered on 6.7.2017 that, the Court below concerned had already proceeded with the case as there was no interim order of this Court in this case.

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Contentions of both sides are left open. With these observations and directions, the above Criminal Miscellaneous Case will stand disposed of.

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SD/-

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ALEXANDER THOMAS, JUDGE

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MMG

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Crl.M.C. No. 2936 of 2016

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..4..

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APPENDIX OF CRL.M.C.NO.2936/2016

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PETITIONERS' EXHIBITS:

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ANNEXURE I COPY OF THE FIR NO.3446/12 BEFORE THE JFMC I ALUVA.

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ANNEXURE 2 COPY OF THE COMPLAINT IN MP 2181/2012

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ANNEXURE 3 COPY OF THE CHARGE SHEET DT.21-10-13 ALONG WITH DEPOSITION OF WITNESSES.

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ANNEXURE 4 COPY OF THE NOTICE U/S.157(2) AND 173(1)(B) CRPC`

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ANNEXURE 5 COPY OF THE DEPOSITION MADE BY THE 2ND PETITIONER/2ND ACCUSED IN CRIME 783/12 DT.19-3-2012.

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ANNEXURE 6 COPY OF THE FIR AND DEPOSITIONS BY THE WITNESSES IN CR 783/12 DT.19-3-2012.

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ANNEXURE 7 COPY OF THE CHARGE SHEET IN FIR NO.783/12 OF ALUVA EAST POLICE STATION, U/S.52,324, 294(B) 308 AND 34 IPC DT.19-3-2012

Sidheeque v. State of Kerala Represented by Public Prosecutor

Case brief

What is this about?

What did the court decide?

Sidheeque v. State of Kerala Represented by Public Prosecutor

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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