Allowed

Sandeep M.S. @ Kannan v. State of Kerala

Kerala HC11 Mar 2020Crl.MC/726/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition against charge sheet under IPC. It quashed proceedings due to amicable settlement, non-life-threatening injury, lack of antecedents, and absence of public interest, discharging the accused under Section 482 Cr.P.C.

What did the court decide?

The entire criminal proceedings against the petitioners in CP No.25/2019 stands quashed under Section 482 Cr.P.C and the accused are discharged.

Sandeep M.S. @ Kannan Vs State of Kerala — Criminal Trial and Appeal | 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 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941

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Crl.MC.No.726 OF 2020(A)

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AGAINST THE ORDER/JUDGMENT IN CP 25/2019 OF JUDICIAL FIRST CLASS MAGIST. COURT, ANGAMALY

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CRIME NO.2283/2018 OF Angamali Police Station , Ernakulam

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PETITIONERS/ACCUSED NO.1 TO 15:

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1 SANDEEP M.S. @ KANNAN AGED 32 YEARS S/O SATHEESAN, MOOLETHU HOUSE, KARUKUTTY P.O.,MAMBRA, NEAR GOVT LPS.

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2 DHANESH CHANDRAN AGED 28 YEARS S/O CHANDRAN, MANJALY HOUSE, KARUKUTTY P.O. MAMBRA, NEAR GOVT LPS.

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3 SINOJ M.S AGED 43 YEARS S/O SURENDRAN, MALAYINMEL HOUSE, MARANGADU, PADUVAPURAM, KARUKUTTY.

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4 NIDHISH AGED 28 YEARS S/O CHANDRAN, MANJALY HOUSE, KARUKUTTY P.O. MAMBRA, NEAR GOVT LPS.

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5 BABU K.V. AGED 51 YEARS S/O VELAYUDHAN, KARIYADUPARAMBIL HOUSE, KODUSSERY VATTAPARAMBU P.O. PARAAKKADAVU VILLAGE.

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6 SANEESH AGED 29 YEARS S/O SATHEESAN, 491(14/439) PALAPARAMBIL HOUSE, ELAVOOR P.O.PARAKKADAVU VILLAGE, ANGAMALY.

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Crl.MC.No.726 OF 2020(A)

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7 P.V.MANI AGED 51 YEARS

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S/O VIRONI, PANKIYIL HOUSE, ELAVOOR, PULIYANAM P.O.KUNNAPPILLISSERY, ANGAMALY.

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8 MANOJ

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AGED 42 YEARS S/O THRIVIKRAMAN NIAR, NADAKASALA HOUSE, MAMBRA.

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9 ANEESH AGED 38 YEARS S/O RAMAN NAIR, PERUMPALLY HOUSE, PARAKKADAVU

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10 GIREESAN AGED 50 YEARS S/O GOPALAN, THURUTHUMMEL HOUSE, ELAVOOR.

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11 SANTHOSH @ RATHEESH AGED 44 YEARS S/O THANKAPPAN, THURUTHUMMEL HOUSE, ELAVOOR, PARAKKADAVU.

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12 SHAIJU

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AGED 37 YEARS S/O THEVAN, PERATTU HOUSE, PANDARA COLONY, KARUKUTTY

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13 VIJEESH

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AGED 36 YEARS

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S/O CHELLAPPAN, THEMALIPARAMBU HOUSE, KUNNAPPILLISSERY.

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14 PRAVEEN

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AGED 25 YEARS S/O SUBRAN, PERATTU HOUSE, PANDARA COLONY, KARUKUTTY.

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15 SUJITH

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AGED 26 YEARS SO. SOMAN, MANGALAPPILLY HOUSE ELAVOOR. BY ADV. SRI.K.V.SABU

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Crl.MC.No.726 OF 2020(A)

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RESPONDENTS/STATE AND COMPLAINANT:

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

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2 SIDHIQUE AGED 48 YEARS S/O CHEKKU HAJI, PANJALI HOUSE, VENGARA, MALAPPURAM-676304 R2 BY ADV. SRI.R.KAMAL RAM SMT. V. SREEJA PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.726 OF 2020(A)

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ORDER

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Dated this the 11th day of March 2020

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The petitioners are the accused in

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CP No.25/2019 on the file of the Judicial First

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Class Magistrate Court, Angamaly, for having allegedly committed offences punishable under

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Sections 143, 147, 148, 341, 323, 324, 326,

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452, 427, 308 r/w Section 149 of the IPC.

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The defacto complainant/injured is the 2^nd respondent, who has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. A report to that effect has also been obtained from the Investigating Officer. The injury sustained by the 2^nd respondent is not life threatening. The petitioners do not

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have any criminal antecedents. No public

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Crl.MC.No.726 OF 2020(A)

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interest is involved.

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In the result, the Crl.M.C is allowed, and

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the entire proceedings as against the petitioners in CP No.25/2019 on the file of the Judicial First Class Magistrate Court, Angamaly, stands quashed under Section 482 of the Cr.P.C and the accused are discharged.

Sd/-

ASHOK MENON

JUDGE

SPK

Crl.MC.No.726 OF 2020(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A COPY OF THE F.I. STATEMENT GIVEN BY THE 2ND RESPONDENT DATED 18.10.2018

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ANNEXURE A2 A COPY OF THE FIR DATED 18.10.2018 IN CRIME NO 2283/18

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ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET DATED 28.12.2018 IN FIR NO 2283/18

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ANNEXURE A4 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 13.12.2019

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Sandeep M.S. @ Kannan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sandeep M.S. @ Kannan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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