Allowed

Lal Ismail, v. the State of Kerala

Kerala HC19 Feb 2020Crl.MC/44/2020

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against petitioners accused of offences under IPC sections 143, 147, 148, 323, 506 and 427. Relying on the final report, settlement affidavits from injured parties, and absence of public interest, the Court discharged the accused.

What did the court decide?

Criminal miscellaneous case allowed; proceedings in CC No.136/2013 quashed; petitioners/accused discharged.

Lal Ismail, Vs the 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 ASHOK MENON

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WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941

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Crl.MC.No.44 OF 2020(E)

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AGAINST THE ORDER/JUDGMENT IN CC 136/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA

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CRIME NO.477/2008 OF Konni Police Station , Pathanamthitta

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PETITIONERS/ACCUSED 1 TO 5:

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1 LAL ISMAIL, AGED 37 YEARS S/O. ISMAIL, ALPHA MANSIL, MANKULAM, MANGARAM

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MURI, KONNI VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689691.

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2 MUHAMMED ARSHAD, AGED 31 YEARS S/O. ABDUL SALAM, NEDIYATHU PURAYIDOM HOUSE, KONNI, MANGARAM MURI, KONNI VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689691.

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3 NABIN K., AGED 34 YEARS S/O. MOOSA K., KURUVAKUNNAM VEEDU, CHELAKKADU P.O., PERINTHALMANNA, MALAPPURAM VILLAGE, MALAPPURAM DISTRICT-67323.

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4 SHAJI, AGED 44 YEARS S/O. MASOOD, THEKKUMKATTIL VEEDU, MANKULAM, MANGARAM MURI, KONNI VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689691.

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5 SAIJU, AGED 37 YEARS S/O. CHACKO, THEVARKATTIL VEEDU, CHERIMUKKU, MANGARAM MURI, KONNI VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT-689691.

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BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA)

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Crl.MC 44/2020

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RESPONDENTS/STATE, DEFACTO COMPLAINANT & CW2 TO 4:

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

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2 THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA DISTRICT689691.

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3 UNNIKRISHNAN, AGED 29 YEARS, S/O. SOMASHEKARAN, KALLINGAL VEEDU, MUTHUPEZHUNKAL, ARUVAPPULAM MURI AND VILLAGE, PATHANAMTHITTA DISTRICT-689699.

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4 VISHNU SALIMKUMAR, AGED 35 YEARS, S/O. SALIMKUMAR, AMBADIYIL VEEDU, NEAR GENERAL HOSPITAL, PATHANAMTHITTA MURI AND VILLAGE, PATHANAMTHITTA DISTRICT689645.

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5 SABAREESHKUMAR,

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AGED 30 YEARS, S/O. KRISHNAN NAIR, ORITHAPALIL HOUSE, MUKKUZHI, MALAYALAPUZHA MURI AND VILLAGE, PATHANAMTHITTA DISTRICT-689664.

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6 VISHNU P.P.,

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AGED 32 YEARS, S/O. PEETHAMBARAN, PARACKAL VEEDU, PULINCHANI, ARUVAPPULAM MURI AND VILLAGE, PATHANAMTHITTA DISTRICT-689699.

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ADV.ANSU VARGHESE FOR R3-R6

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OTHER PRESENT:

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SNR PP BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 44/2020

O R D E R

Dated this the 19th day of February 2020

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Petitioners are accused in CC No.136/2013 on the files of the Judicial First Class Magistrate’s CourtII, Pathanamthitta for having allegedly committed offences punishable under Sections 143, 147, 148, 323, 506(i) and 427 read with Section 149 IPC.

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The defacto complainant and the injured are respondents 3 to 6 herein. They have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they do not have any grievance against them. A report to that effect has also been obtained from the investigating officer through the learned Public Prosecutor. The petitioners do not have any criminal antecedents. There is no public interest involved.

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In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners

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Crl.MC 44/2020

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herein in CC No.136/2013 on the files of the Judicial First Class Magistrate’s Court-II, Pathanamthitta shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 44/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.477/2008 OF KONNI POLICE STATION NOW PENDING AS CC NO.136/2013 ON THE FILES OF THE LEARNED JFMC-II, PATHANAMTHITTA.

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ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 25/09/2019 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT.

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ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 25/09/2019 SWORN BY THE 4TH RESPONDENT/CW2.

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ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 25/09/2019 SWORN BY THE 5TH RESPONDENT/CW3.

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ANNEXURE A5 THE ORIGINAL OF THE AFFIDAVIT DATED 25/09/2019 SWORN BY THE 6TH RESPONDENT/CW4.

Lal Ismail, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Lal Ismail, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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