Partly allowed

Biju, v. State of Kerala

Kerala HC4 Mar 2020Crl.MC/467/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Kerala examined an accusation of using banned firecrackers under the Indian Explosives Act alongside an IPC offence. The court quashed the dangerous explosives charge but upheld the IPC charge for causing public danger on public roads.

What did the court decide?

The accusation under Section 9(B)(1)(b) of the Indian Explosives Act is quashed; the charge under Section 286 of the I.P.C. shall continue.

Biju, Vs State of Kerala — Narcotics (NDPS) | 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 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941

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Crl.MC.No.467 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN CC 1049/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL

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CRIME NO.693/2019 OF Mangalapuram Police Station, Thiruvananthapuram

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PETITIONER/ACCUSED:

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BIJU, AGED 45 YEARS, S/O. GOPALAN NAIR, DEVANANDANAM, KAPPACHIRA, KOLIYAKODE, KOLIYAKODE VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 STATION HOUSE OFFICER, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM-695317.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.467 of 2020

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O R D E R

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Dated this the 4th day of March 2020

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The petitioner is the sole accused in

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C.C.No.1049/2019 on the files of the Judicial First

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Class Magistrate Court-II, Attingal, for having allegedly committed the offences punishable under Section 9(B)(1)(b) of the Indian Explosives Act (for short “the Act”) and also under Section 286 of the I.P.C. The prosecution case in brief is that the petitioner blasted crackers in front of the police station in violation of the Act. It is evident from the materials produced before this Court that the petitioner was bursting firecrackers and there is no indication whether the said firecrackers was a banned article, attracting an offence under Section 5 of the Act, punishable under Section 9(B)(1)(b) of the Act.

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However, an offence under Section 286 of I.P.C. would, prima facie, be attracted against the accused for the reason that he blasted the crackers in the public

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Crl.M.C.No.467 of 2020

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road in front of the police station, which would endanger the life of the public.

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Under the above circumstances, the Crl.M.C. is allowed in part and the accusation made under Section 9(B)(1)(b) of the Act is quashed under Section 482 of Cr.P.C. The charge under Section 286 of the I.P.C.

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shall continue and the petitioner is directed to face trial in respect of that offence alleged against him. The Crl.M.C. is disposed of as above.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.467 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE FIR IN CRIME NO.693/2019 OF MANGALAPURAM POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO.693/2019 OF MANGALAPURAM POLICE STATION ALONG WITH 164 STATEMENTS GIVEN BY PROSECUTION WITNESSES. ANNEXURE A3 COPY OF THE SCENE MAHAZAR PREPARED BY THE 2ND RESPONDENT IN CRIME NO.693/2019 OF MANGALAPURAM POLICE STATION.

Biju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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