Partly allowed

Abdul Kareem v. State of Kerala

Kerala HC4 Nov 2020Crl.Rev.Pet/2553/2010

Case brief

AI extract

What is this about?

The Court allowed writ petitions filed by a wife of a deceased victim to expedite trial proceedings and permitted her to participate by appointing counsel. The Criminal Revision against an order directing the accused to undergo DNA test was part-allowed after modifying the order to consent to testing post-victim identification. All three petitions were disposed of summarily allowing them in part.

What did the court decide?

Direction to expedite disposal of the case; permission granted to the wife of the victim to participate in the trial by appointing an advocate of her choice; Criminal Revision allowed in part with mod

Abdul Kareem 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 P.SOMARAJAN

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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

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WP(C).No.18124 OF 2019(M)

PETITIONER:

SHEMILA

AGED 35 YEARS

W/O LATE KABEER, KIZHAKKEDATHUCHIRA HOUSE, AROOR VILLAGE, CHANDIROOR P.O., ALAPPUZHA DISTRICT.

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BY ADVS. SMT.K.P.SANTHI

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SMT.TARA PREM

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY STATION HOUSE OFFICER, PALLURUTHY

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POLICE STATION, ERNAKULAM-682 006.

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2 STATION HOUSE OFFICER PALLURUTHY POLICE STATION, ERNAKULAM-682 006.

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3 DISTRICT POLICE CHIEF ERNAKULAM CITY, REVENUE TOWER, PARK AVENUE ROAD, ERNAKULAM-682 011.

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4 DIRECTOR FORENSIC SCIENCE LABORATORY THIRUVANANTHAPURAM-695 001.

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5 ABDULKAREEM AGED 66 YEARS S/O MUHAMMED, KOLUSU HOUSE, EZHUPUNNA, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 524.

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6 JOSEPH @ THANKACHAN

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AGED 55 YEARS

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S/O. EASAPPAN, CHERIYAKULARACHERIL HOUSE, MUNDANVELI DESOM, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT-682 006.

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R1-4 BY SRI.K.B.UDAYAKUMAR, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2020, ALONG WITH Crl.Rev.Pet.2553/2010, WP(C).16951/2020(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 P.SOMARAJAN

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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

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WP(C).No.16951 OF 2020(T)

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PETITIONER:

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SHEMILA KIZHAKKEDATH, CHANDIROOR, ALAPPUZHA.

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BY ADVS. SMT.K.P.SANTHI SMT.TARA PREM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.

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3 THE DIRECTOR GENERAL OF POLICE, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA - 695010.

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BY ADV. SRI. E.C.BINEESH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2020, ALONG WITH Crl.Rev.Pet.2553/2010, WP(C).18124/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 P.SOMARAJAN

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WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942

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Crl.Rev.Pet.No.2553 OF 2010

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AGAINST THE ORDER/JUDGMENT IN CRMC 1345/2009 DATED 23-07-2010 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM

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PETITIONER/1ST ACCUSED:

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ABDUL KAREEM

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S/O.MOHAMMED, RESIDING AT LOLUS,, EZUPUNNA DESOM, EZHUPUNNA VILLAGE, CHERTHALA TALUK

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BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPREENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP.BY C.I.OF POLICE, THOPPUMPADY POLICE STATION, ERNAKULAM

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R1 BY ADV.SRI.E.C.BINEESH, GOVERNMENT PLEADER

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04.11.2020, ALONG WITH WP(C).18124/2019(M), WP(C).16951/2020(T), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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W.P.(C).No.18124/2019 & Connected Cases

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JUDGMENT

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The two writ petitions are by the wife of deceased seeking speedy disposal and to permit her to appoint an Advocate of her choice to participate in the trial. The revision is

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filed against the order directing DNA test on the accused.

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The petitioner in revision fairly

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submitted that he is prepared for a DNA test, but after the conduct of DNA test on the mother of victim so as to ascertain the

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identity of the victim. Hence, ordered accordingly by modifying the order of learned Sessions Judge.

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The writ petitions are not objected.

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Hence there will be a direction to expedite the disposal of the case. Permission is

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granted to the wife of victim to participate

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in the trial by appointing an Advocate of her

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W.P.(C).No.18124/2019 & Connected Cases

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choice.

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Both the writ petitions and the

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Crl.Revision are allowed in part accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

W.P.(C).No.18124/2019 & Connected Cases

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APPENDIX OF WP(C) 18124/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1164/2008 OF THOPPUMPADY POLICE STATION.

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EXHIBIT P2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1164/2008 OF THOPPUMPADY POLICE STATION IS SUBMITTED BY THE 2ND RESPONDENT BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI.

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EXHIBIT P3 TRUE COPY OF THE POST MORTEM CERTIFICATE DATED 28.10.2008 ISSUED BY THE DISTRICT POLICE SURGEON, COIMBATHORE MEDICAL COLLEGE.

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ESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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W.P.(C).No.18124/2019 & Connected Cases

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APPENDIX OF WP(C) 16951/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIR NO.1164 OF 2008 OF THOPPUMPADY POLICE STATION, DATED 28.10.2008.

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EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN FIR NO.1164 OF 2008 OF THOPPUMPADY POLICE STATION DATED 18.01.2011. EXHIBIT P3 TRUE COPY OF THE POST MORTEM DETAILS DATED 28.10.2008 ISSUED BY THE DISTRICT POLICE SURGEON, COIMBATORE MEDICAL COLLEGE. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.07.2020 TO THE 1ST RESPONDENT. EXHIBIT P4(a) TRUE COPY OF THE REPRESENTATION DATED 29.07.2020 TO THE 2ND RESPONDENT. EXHIBIT P4(b) TRUE COPY OF THE REPRESENTATION DATED 29.07.2020 TO THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Abdul Kareem v. State of Kerala

Case brief

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Abdul Kareem v. State of Kerala

Case brief

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