Dismissed

Salim @ Salim India v. State of Kerala

Kerala HC9 Oct 2020Crl.MC/3030/2020

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneouss case filed by accused No.1 seeking to quash criminal proceedings under IPC Sections 448, 506, 294(b), and 341 r/w 34 IPC. The court held that the FIR contained sufficient material to attract some of the alleged offences and that the matter required adjudication by evidence, making it unfit for quashing under Section 482 Cr.P.C.

What did the court decide?

The Criminal Miscellaneous Case is dismissed; the proceedings in CC 2363/2018 continue.

Salim @ Salim India 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 P.SOMARAJAN

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FRIDAY, THE 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942

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Crl.MC.No.3030 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN CC 2363/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM

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CRIME NO.828/2018 OF KUNNAMKULAM POLICE STATION, THRISSUR

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PETITIONER/ACCUSED NO.1:

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SALIM @ SALIM INDIA, AGED 56 YEARS S/O. KHADER, MATHILAKATH HOUSE, KECHERI POST, THRISSUR DISTRICT,PIN-680 501, (ACCUSED NO.1, IN CRIME NO.828/2018 OF THE KUNNAMKULAM POLICE STATION)

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BY ADVS. SRI.K.P.RAMACHANDRAN SRI.B.K.GOPALAKRISHNAN

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RESPONDENTS/STATE/DEFACTO COMPLAINANT & ACCUSED NO.2:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (ON BEHALF OF THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT,PIN-680 503)

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2 SULAIMAN, S/O. MUHAMMED, KARAYAKKAYIL HOUSE, KECHERI, ERANELLUR, THRISSUR,PIN-680 501, (DEFACTO COMPLAINANT IN CRIME NO.828/2018 OF KUNNAMKULAM POLICE STATION)

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3 HAMZA, S/O. LATE KUNHI MUHAMMED, VALIYAKATHU CHUNNATTU HOUSE, CHAVAKKAD VILLAGE, KARAKKADU DESOM, GURUVAYOR POST, THRISSUR DISTRICT,PIN-680 101 (ACCUSED NO.2 INC RIME NO.828/2018 OF THE KUNNAMKULAM POLICE STATION)

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R2 BY ADV. SMT.MARIAN G.M.THARAKAN R3 BY ADV. SRI.C.RAJENDRAN

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PUBLIC PROSECUTOR.SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3030 OF 2020(G) 2

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JUDGMENT

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The crime was registered against the accused Nos.1

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to 3 on the allegation of offences punishable under Sections 448,506,294(b),341 r/w 34 IPC. The accused came up against the said crime and the further proceedings on the ground that there is no material allegation to constitute the abovesaid offence in the First Information Report and in the complaint. Going by the First Information Report it is well clear that there is sufficient allegation to attract some of the offence alleged against the accused. It is a matter to be decided by adducing evidence. It is not fit and proper to exercise the jurisdiction under Section 482 Cr.P.C. with respect to a matter which requires adjudication by evidence.

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Hence, Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.3030 OF 2020(G) 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1	CERTIFIED COPY OF FIS OF THE DEFACTO
	COMPLAINANT (PW-1) DATED 17.09.2018, (TIME KEPT AS BLANK AND UNFILLED) IN CRIME NO.828/2018 ON THE FILES OF THE KUNNAMKULAM POLICE STATION
ANNEXURE-A2	CERTIFIED COPY OF FIR DATED 17.09.2018 (TIME 9 PM) IN CRIME NO.828/2018 ON THE FILES OF THE KUNNAMKULAM POLICE STATION
ANNEXURE-A3	CERTIFIED COPY OF THE FINAL REPORT (NO.949/2018) DATED 04.10.2018, WHICH IS PENDING AS C.C.NO.2363/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM
ANNEXURE-A4	TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 05.09.2018 (WITH THE SEAL OF THE KUNNAMKULAM POLICE STATION DATED 06.09.2018), SUBMITTED BY THE DEFACTO COMPLAINANT BEFORE THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM
ANNEXURE-A5	TRUE PHOTOSTAT COPY OF THE FURTHER STATEMENT (DATED NIL) OF THE DEFACTO COMPLAINANT (PW-1) RECORDED BY THE S.I OF POLICE, KUNNAMKLAM
ANNEXURE-A6	TRUE PHOTOSTAT COPY OF THE STATEMENT (DATED NIL) OF THE COMPLAINANT'S WIFE AMINA (PW-3) RECORDED BY THE S.I.OF POLICE, KUNNAMKULAM
ANNEXURE-A7	TRUE PHOTOSTAT COPY OF THE STATEMENT (DATED NIL) OF THE ALEX, S/O. JOSE (PW-2) RECORDED BY THE S.I. OF POLICE, KUNNAMKULAM
ANNEXURE-A8	TRUE PHOTOSTAT COPY OF THE STATEMENT (DATED NIL) OF THE ANSAR, S/O. HASSAN (PW-4) RECORDED BY THE S.I. OF POLICE KUNNAMKULAM
ANNEXURE-A9	TRUE PHOTOSTAT COPY OF THE STATEMENT (DATED NIL) OF THE ABDULLAKUTTY, S/O. MUHAMMED (PW-5) RECORDED BY THE S.I. OF POLICE KUNNAMKULAM
ANNEXURE-A10	TRUE PHOTOSTAT COPY OF THE SCENE MAHAZAR,

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Crl.MC.No.3030 OF 2020(G) 4

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BY THE S.I. OF POLICE KUNNAMKULAM DATED 18.09.2018 SINGED BY ONE NIYAS AND RASHEED AS WITNESS

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ANNEXURE-A11 TRUE PHOTOSTAT COPY OF STATEMENT (DATED NIL) OF THE SCENE MAHAZAR WITNESS, NAMELY RASHEED, S/O. ABOOBACKER (PW-6),RECORDED BY THE S.I. OF POLICE, KUNNAMKULAM

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ANNEXURE-A12 TRUE PHOTOSTAT COPY OF THE STATEMENT (DATED NIL) OF THE SCENE MAHAZAR WITNESS, NAMELY NIYAS P.M, S/O MUHAMMED (PW-6) RECORDED BY THE S.I.OF POLICE, KUNNAMKULAM

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R2(a): A TRUE COPY OF THE LETTER WRITTEN BY THE 1ST ACCUSED ADDRESSED TO THE 2ND RESPONDENT.

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ANNEXURE R2(b): TRUE COPY OF THE COMPLAINT MADE BEFORE THE C.I. OF POLICE ON 17TH SEPTEMBER.

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ANNEXURE R2(c): THE RECEIPT ISSUED BY THE KUNNUMKULAM SDPO DATED 11TH SEPTEMBER 2018.

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//TRUE COPY//

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P.A. TO JUDGE

Salim @ Salim India v. State of Kerala

Case brief

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Salim @ Salim India v. State of Kerala

Case brief

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