Allowed

Ashraf v. State of Kerala

Kerala HC12 Feb 2020Crl.MC/470/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the criminal miscellaneous petition and quashed proceedings against the third accused under Section 482 Cr.PC. The court noted lack of evidence regarding identity, amicable settlement, and no criminal antecedents.

What did the court decide?

Criminal miscellaneous case allowed; entire proceedings against the petitioner in CC No.571/2018 quashed; petitioner/accused discharged.

Ashraf 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 ASHOK MENON

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WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941

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Crl.MC.No.470 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN CC 571/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA

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CRIME NO.883/2015 OF Pandikkad Police Station , Malappuram

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PETITIONER/ACCUSED NO.3:

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ASHRAF

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AGED 41 YEARS S/O.ABDULLA, RESIDING AT POOVATHIL HOUSE, KALAMBARA, CHEMBRASSERRY EAST, MALAPPURAM- 679327.

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BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI

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RESPONDENTS/STATE, COMPLAINANT & INJURED:

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1 STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, PANDIKKAD POLICE STATION, (CRIME NO.883/2015). REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 NARAYANAN AGED 51 YEARS S/O.RAVI, RESIDING AT POONTHIRUTHI HOUSE, KALAMBARA, CHEMBRASSERRY P.O., MALAPPURAM- 679327.

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R2 BY ADV. T.SAILESH KUMAR

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OTHER PRESENT:

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PP-SRI RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC 470/2020

O R D E R

Dated this the 12th day of February 2020

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Petitioner is the third accused in Crime No.883/2015 of Pandikkad Police Station for having allegedly committed offences punishable under Sections 143, 147, 448, 427, 323 and 506(ii) read with Section 149 IPC. The parent case was taken on file as CC No.1458/2015 of the Judicial First Class Magistrate's Court-II, Perinthalmanna and all the accused, except the petitioner, faced trial and were all found not guilty and acquitted vide judgment at Annexure-A3 dated 14.11.2018. A reading of the judgment would indicate that there is absolutely no evidence regarding the identity of the accused.

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2.The defacto complainant is the second respondent herein. He has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioner and that he does

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Crl.MC 470/2020

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not have any grievance against him. A report to that effect has also been obtained from the investigating officer through the learned Public Prosecutor. The petitioner does 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 petitioner herein in CC No.571/2018 on the files of the Judicial First Class Magistrate’s Court-II, Perinthalmanna shall stand quashed under Section 482 Cr.PC and the

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petitioner/accused is discharged.

Sd/-

ASHOK MENON

JUDGE

Crl.MC 470/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.883/2015 OF PANDIKKAD POLICE STATION.

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ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED BY PANDIKKAD POLICE IN CRIME NO.883/2015 BEFORE THE JFCM-II, PERINTHALMANNA.

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ANNEXURE A3 A TRUE COPY OF THE JUDGMENT DATED 14.11.2018 IN C.C.1458/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA.

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ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 14.01.2020 ATTESTED BY NOTARY.

Ashraf v. State of Kerala

Case brief

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Ashraf v. State of Kerala

Case brief

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