Quashed

Radhakrishnan v. State of Kerala

Kerala HC20 Feb 2020Crl.MC/337/2020

Case brief

AI extract

What is this about?

This single-judge order allowed a criminal miscellaneous petition filed by accused persons. The court quashed the pending trial and discharged the petitioners, noting the absence of objection from the injured and a government direction to withdraw the case which was not complied with regarding the new session file.

What did the court decide?

The Criminal Miscellaneous Case is allowed; proceedings in SC No.918/2015 are quashed; petitioners/accused are discharged.

Radhakrishnan Vs State of Kerala — Criminal Trial and Appeal | 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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THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941

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Crl.MC.No.337 OF 2020(B)

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AGAINST THE ORDER/JUDGMENT IN SC 918/2015 OF PRINCIPAL ASSISTANT SESSIONS COURT,TRIVANDRUM

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AGAINST THE ORDER/JUDGMENT IN CC 812/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,TRIVANDRUM

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CRIME NO.724/2011 OF Museum Police Station , Thiruvananthapuram

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PETITIONERS/ACCUSED 2,3 AND 4:

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1 RADHAKRISHNAN

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AGED 56 YEARS S/O. VASUPILLA, T.C. NO. 27/1851, NR. MATHRUBHOOMI OFFICE, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISRICT, PIN-695 035

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2 DILEEP KUMAR, AGED 44 YEARS S/O. SADASIVAN, KUNNUMPURATH VEETTIL, NR. KARYAVATTAM SATHA TEMPLE, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695 581

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3 MOHANA KUMAR, AGED 56 YEARS S/O. DIVAKARAN, PRASADAM VEETTIL, NR. KOVIL VILA JUNCTION, MALAYANKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN-695 571

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BY ADV. SRI.P.K.SAJEEVAN

Crl.MC 337/2020

RESPONDENT/S:

1 STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 SUDHEESH, S/O. KRISHNANKUTTY, AGED 48 YEARS, KRISHNA NIVAS, PARASALA VILLAGE, NOW UD CLERK, IRRIGATION DEPARTMENT MUSEUM, THIRUVANANTHAPURAM-695 033

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R2 BY ADV. SRI.G.SURESH (KUNNUKUZHY)

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OTHER PRESENT:

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P P - SRI HRITHWIK.C.S (SR)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 337/2020

O R D E R

Dated this the 20th day of February 2020

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Petitioners are accused in Crime No.724/2011 of Museum Police Station, Thiruvananthapuram taken on file as CC No.812/2013 on the files of the Judicial First Class Magistrate’s Court-III, Thiruvananthapuram for having allegedly committed offences punishable under Sections 143, 147, 294(b), 323 and 324 read with Section 149 IPC. This case is a counter case to SC No.1279/2012 pending before Principal Assistant Sessions Court, Thiruvananthapuram and therefore, this case was also committed to be tried along with the counter case to the Principal Assistant Sessions Court, Thiruvananthapuram, and taken on file of that Court as SC No.918/2015 and is presently pending before that Court.

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The only injured/defacto complainant is the second respondent herein. He has no objection to settle the case, submits the petitioners. It is further submitted that the connected case, SC No.1279/2012, was already allowed to be withdrawn under Section 321 Cr.PC. The case against the petitioners

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Crl.MC 337/2020

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registered as Crime No.724/2011 of Museum Police Station and taken on file as CC No.812/2013 on the files of the Judicial First Class Magistrate's CourtIII, Thiruvananthapuram was also directed to be withdrawn by the Government vide letter dated 16.2.2015 at Annexure-3 and the same was communicated to the Deputy Director of Prosecution by the District Collector, Thiruvananthapuram on 26.02.2015 at Annexure-4. But, CC No.812/2013 was by then committed to the Court of Sessions and re-filed as SC No.918/2015. Hence, the directions at Annexures-3 & 4 were not complied.

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Under the circumstances, the Criminal MC is allowed and the entire proceedings as against the petitioners herein in SC No.918/2015 on the files of the Principal Assistant Sessions Court, Thiruvananthapuram shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 337/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO. III, THIRUVANANTHAPURAM.

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ANNEXURE 2 THE COPY OF THE SUMMONS ISSUED FROM PRL. ASST. SESSIONS COURT, THIRUVANANTHAPURAM TO THE 1ST PETITIONER.

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ANNEXURE 3 THE COPY OF THE LETTER DATED 16.2.2015 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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ANNEXURE 4

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THE COPY OF THE LETTER DATED 26.2.2015 ISSUED BY THE DISTRICT COLLECTOR TO THE DEPUTY DIRECTOR OF PROSECUTION.

Radhakrishnan v. State of Kerala

Case brief

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Radhakrishnan v. State of Kerala

Case brief

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