Dismissed

Ramlath Neeza v. State of Kerala

Kerala HC13 Nov 2020Crl.MC/3744/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for quashing the final investigation report under Sections 447 and 506 IPC, the High Court of Kerala dismissed the petition. The court held that the absence of specific materials challenging the complaint before it was insufficient grounds for interference under Section 482 Cr.P.C., noting the existence of a valid defense does not mandate quashing.

What did the court decide?

The quashing of the final report was dismissed; the proceedings were left pending for parties to exhaust remedies.

Ramlath Neeza Vs State of Kerala — Cheque Dishonour | 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 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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Crl.MC.No.3744 OF 2020(G)

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CC 16/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR

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CRIME NO.625/2018 OF PUDUNAGARAM POLICE STATION, PALAKKAD

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PETITIONERS/ACCUSED 1 TO 3:

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1 RAMLATH NEEZA, AGED 44 YEARS, W/o ABU THAHIR, RAHMATH, MANZIL, SURYAPARA, ATHIKODU, KOZHINJAMPARA, PALAKKAD

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2 MUHAMMED ALI, AGED 63 YEARS, S/o SAINUDHEEN, AJMEER MANZIL, SULTHANPETTA, UDHAKAMANDALAM, FINGER POST, NEELAGIRI DISTRICT, OOTTY, TAMIL NADU.

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3 MUHAMMED KAZIM, AGED 58 YEARS,S/o MOHAMMED KOYA, 102, KEEZHPALLIVASAL THERUVU, KANTHAL, UDHAKAMANDALAM, FINGER POST, NEELAGIRI DISTRICT, OOTTY, TAMIL NADU.

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BY ADVS.SRI.A.X.VARGHESE

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SRI.A.V.JOJO SHRI.SHAMEM M.S.

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PUDUNAGARAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031

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2 SAJEER, S/o ABDHUL VAHAB, ALSHIBA MANZIL, KURUDANKULAMBU, KODUVAYUR, PUDUNAGARAM, PALAKKAD, PIN 678 501

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R2 BY ADV. SRI.RAJESH SIVARAMANKUTTY BY PUBLIC PROSECUTOR SMT. M.N.MAYA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3744 of 2020

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ORDER

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Annexure A2 final report sought to be quashed on the

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allegation that the complaint made by the defacto complainant is a total falsehood. The crime was registered on the allegation of offence under Sections 447 and 506(i) r/w Section 34 IPC and it is pending consideration before the Judicial First class Magistrate Court, Chittur, Palakkad. Nothing was brought to the notice of this court in order to have an interference with Section 482 Cr.P.C. The existence of a valid defence may not be a sufficient reason to exhaust Section 482 Cr.P.C. Hence the Crl.M.C. is hereby dismissed without prejudice to the right of parties to exhaust all remedies including maintaining an application for discharge and take up defence at various stages.

Sd/-

P.SOMARAJAN

DMR/-

JUDGE

Crl.M.C.No.3744 of 2020

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A1 CERTIFIED COPY OF THE F.I.R 625/2018 OF PUDUNANGARAM POLICE STATION ALONG WITH THE F.I STATEMENT DATED 1/12/2018

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ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT 668/2018 DATED 26-12-2018.

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RESPONDENTS' ANNEXURES: NIL

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// TRUE COPY //

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P.A. TO JUDGE

Ramlath Neeza v. State of Kerala

Case brief

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Ramlath Neeza v. State of Kerala

Case brief

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