Disposed

Abdu Nazar Nechikkadan v. the State of Kerala

Kerala HC4 Nov 2020Crl.MC/3958/2015

Case brief

AI extract

What is this about?

In Criminal Miscellaneous Case 3958 of 2015, the petitioner sought quashing of proceedings under CrPC 482 in a cheating case. The Court noted the charge sheet was filed and trial commenced, leading to a standard disposal without adjudication on merits while permitting future contentions.

What did the court decide?

Crl.M.C. disposed off; liberty granted to raise contentions before trial court regarding charge sheet and pendency.

Abdu Nazar Nechikkadan Vs the State of Kerala — Cheating and Forgery | 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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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

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Crl.MC.No.3958 OF 2015

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CRIME NO.216/2015 OF MALAPPURAM POLICE STATION , MALAPPURAM

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PETITIONER/ACCUSED:

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ABDU NAZAR NECHIKKADAN

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S/O ABDURAHIMAN KUTTY, NECHIKKATTIL HOUSE, KOTTUMALA, OORAKAM, MELMURI, MALAPPURAM DIST

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BY ADV. SRI.BABU S. NAIR

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , KOCHI-682 031-FOR THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT

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2 S. SANTHOSH KUMAR S/O SEETHARAMAN, SIUVASAKTHI, NELLIKKODE PO, KOZHIKODE, KOZHIKODE DISTRICT, PIN- 673 016

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SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.3958 of 2015

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ALEXANDER THOMAS, J.

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===========================

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Crl.M.C No.3958 of 2015

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=========================== Dated this the 04^th day of November, 2020

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ORDER

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The prayer in the aforecaptioned Criminal Miscellaneous case

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

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“..........to quash the entire proceedings in Crime No.216/2015 of the Malappuram Police station, in the interests of justice.”

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Heard Sri.Babu S.Nair, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for the 1^st respondent. Notice to the 2^nd respondent has not been returned after service. The challenge raised in this case is only limited as against Annexure-B First Information Report in Crime No.216/2015 of Malappuram Police Station registered against the petitioner as accused therein, for offences punishable under Sec.420 of the Indian Penal Code. The petitioner has not apprised this Court about any subsequent developments in this case.

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Now the office of the Judicial First Class Magistrate’s Court, Malappuram has informed the Registry of this Court that the police after investigation filed the final report/charge sheet in Crime

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Crl.M.C No.3958 of 2015

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No.216/2015 of Malappuram Police Station, which has now led to calendar case C.C.No.966/2019 on the file of the Judicial First Class Magistrate’s Court, Malappuram. Further it appears that the case has proceeded for trial and now summons has been issued to PW1 and the case is posted to a day in December, 2020. The petitioner has not challenged the final report/charge sheet and the pendency of the calendar case. Liberty is accorded to the petitioner to raise all his contentions before the trial court.

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With the said liberty, the above Crl.M.C will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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Crl.M.C No.3958 of 2015

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION DATED 4/1/2015 ANNEXURE B TRUE COPY OF THE F.I.R. IN CRIME NO. 216/2015 OF THE MALAPPURAM POLICE STATION, DATED 28/1/2015

Abdu Nazar Nechikkadan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Abdu Nazar Nechikkadan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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