Crl.MC allowed; trial proceedings in Crime No.1290/2018 quashed under Section 482 CrPC. Petitioner discharged as dispute settled, and further trial deemed wasteful of time despite disputing first respondent.
Provisions of CrPC quashed; Petitioner discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
Crl.MC.No.662 OF 2020(C)
CRIME NO.1290/2018 OF Kodungalloor Police Station , Thrissur
PETITIONER/ACCUSED:
GOPINATH P.V., AGED 26 YEARS S/O.VISWANATHAN, PULIPARAMBIL, EDAVILANGU, THRISSUR, KODUNGALLUR, KERALA, PIN - 680 671.
BY ADVS. SRI.M.PREMKUMAR SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2 FARSEEN AHAMMED M.H., S/O.M.M.HASHIM, AGED 19 YEARS, MADATHIPARAMBIL HOUSE, ANJANGADI (P.O.), VEMBALOOR VILLAGE, THRISSUR, KERALA - 680 671.
R2 BY ADV. V.SHYAM
OTHER PRESENT:
SRI RAMESH CHAND- P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC 662/2020
O R D E R
Dated this the 5th day of March 2020
Petitioner is the sole accused in Crime No.1290/2018 of Kodungalloor Police Station for having allegedly committed offence punishable under Section 394 IPC.
Crl.MC 662/2020
3
the dispute is regarding snatching of a mobile phone which has been fully and finally settled with the second respondent. Hence, it would be wastage of time to proceed with the trial as against the petitioner in this case.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioner herein in Crime No.1290/2018 of Kodungalloor Police Station shall stand quashed under Section 482 Cr.PC and the petitioner/accused is discharged.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 662/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR DATED 31/12/2018 IN CRIME NO.1290/2018 OF KODUNGALLOOR POLICE STATION.
ANNEXURE A2 ORIGINAL COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 10/10/2019.
1 issue framed by the court
Whether proceedings under Section 394 IPC should be quashed in view of settlement and final report.
1 provisions across 1 enactments
GOPINATH P.V.
STATE OF KERALA
FARSEEN AHAMMED M.H.
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
