Dismissed

Deepa Govind v. State of Kerala

Kerala HC3 Nov 2020Crl.MC/3085/2018

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Case filed under Section 482 Cr.P.C. seeking to quash criminal proceedings. The court held the petition was infructuous and withdrawn as the petitioners had already been acquitted by the trial court in the pending charge sheet case.

What did the court decide?

The Criminal Miscellaneous Case was ordered to be dismissed as infructuous and withdrawn.

Deepa Govind 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 ALEXANDER THOMAS

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

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CRL.MC.NO.3085 OF 2018

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CC 51/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ERNAKULAM

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CRIME NO.366/2016 OF PALARIVATTOM POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED:

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1 DEEPA GOVIND, AGED 26, W/O GOVIND KAMMATH, AALUMKAL PARAMBU VEEDU,KARNAKODAM, THAMMANAM PO, COCHIN-682032.

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2 GEETHA B KAMMATH, AGED 65 YEARS, W/O BALAKRISHNA KAMMATH,AALUMKAL PARAMBU VEEDU, KARNAKODAM,THAMMANAM PO, COCHIN682032.

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3 REMYA, AGED 27 YEARS, W/O HARI KAMMATH,AALUMKAL PARAMBU VEEDU, KARNAKODAM,THAMMANAM PO, COCHIN-682032.

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4 HARI KAMMATH,

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AGED 33 YEARS, S/O BALAKRISHNA KAMMATH,AALUMKAL PARAMBU VEEDU, KARNAKODAM,THAMMANAM PO, COCHIN682032.

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BY ADVS.SRI.M.R.JAYAPRASAD , SRI.V.H.AANCIL

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RESPONDENTS/STATE/COMPLAINANT/DEFACTO COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM-682024.

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3 SANTHA G.PRABHU, AGED 66 YEARS, W/O LATE. GOPALA PRABHU, SANTHA COTTAGE, KARNAKODAM DESOM, POONITHURA VILLAGE, ERNAKULAM DISTRICT-682032.

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ADV. SMT.V.K.HEMA FOR R3 SRI.AMJAD ALI, 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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ALEXANDER THOMAS, J.

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--------------------------------------Crl.M.C. No. 3085 of 2018

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Dated this the 3^rd day of November, 2020

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O R D E R

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The prayer in the above Criminal Miscellaneous Case filed on

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21.5.2018 under Sec.482 of the Cr.P.C. is as follows:

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“......quash Annexure-I Final Report numbered as C.C.No.51/2018 in Crime No.366/2016 of Palarivattom Police Station, Ernakulam District pending before the Judicial First Class Magistrate's Court-I, Ernakulam and such other consequential reliefs and render justice to the Petitioners.”

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Sri.M.R.Jayaprasad, learned counsel appearing for the petitioners submit that, the petitioners have already been acquitted by the judgment dated 13.8.2019 rendered by the JFCM-I, Ernakulam, in C.C.No.51/2018 and therefore nothing survives in the main prayer in this Crl.M.C. for quashment of impugned criminal proceedings as the petitioners have already been acquitted in the trial. Further it is pointed out that, the petitioners' counsel had already filed a separate formal not press memo dated 25.8.2020 signed by all the petitioners for recording

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the factum that they are not pressing the Crl.M.C. and the same may be dismissed as withdrawn in the light of the acquittal already given in the FIR by the trial court after due conduct of trial.

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Crl.M.C. No. 3085 of 2018

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..3..

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Accordingly, recording the above submission of the

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petitioners it is ordered that the above Criminal Miscellaneous Case will stand dismissed as infructuous and withdrawn.

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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. 3085 of 2018

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..4..

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE 1 COPY OF THE CHARGE SHEET IN C.C NO.51/2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERNKULAM IN CRIME NO.366/2016 OF PALARIVATTOM POLICE STATION.

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ANNEXURE II COPY OF THE CHARGE SHEET IN C.C NO.381/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT IN CRIME NO.10/2016 OF THE VANITHA POLICE STATION IN CRIME NO.365/2016 OF THE PALARIVATTOM POLICE STATION.

Deepa Govind v. State of Kerala

Case brief

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Deepa Govind v. State of Kerala

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