Allowed

Ajithkumar v. Biju @ Vijayakumar

Kerala HC19 Mar 2021Crl.MC/1919/2020

Case brief

AI extract

What is this about?

The Kerala High Court quashed the crime and final report against accused Nos.1 and 2 after finding that the report was submitted without a test identification parade and without a statement clearly identifying them as the police officials involved in manhandling the accused.

What did the court decide?

The crime and final report submitted against the petitioners, accused Nos.1 and 2, are hereby quashed.

Ajithkumar Vs Biju @ Vijayakumar — Cheque Dishonour | Kerala HC (2021)

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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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FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

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Crl.MC.No.1919 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN CC 251/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY

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CRIME NO.681/2007 OF CHANGANASSERY POLICE STATION, KOTTAYAM

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PETITIONERS/ACCUSED NO.1 & 2

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1 AJITHKUMAR, AGED 39 YEARS S/O.CHANDRAN K.B., AJITH BHAVAN, AMBALAPARAMBA, OLASSA P.O., KOTTAYAM DISTRICT. (PRESENTLY WORKING IN GANDHINAGAR POLICE STATION AS CPO)

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2 THOMAS STANLEY, AGED 44 YEARS, S/O.STANLEY, OLIPPAN CHALIL HOUSE, MANGAD P.O., KOLLAM DISTRICT. (PRESENTLY WORKING IN CHANGANASSERY POLICE STATION AS CPO)

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BY ADVS. SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) SRI.PRAJIT RATNAKARAN SHRI. RAJ CAROLIN V. SRI.C.H.ABDUL RASAC

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1 BIJU @ VIJAYAKUMAR AGED 36 YEARS S/O.VASUDEVAN NAIR, AMBIYIL HOUSE, PALICKACHIRA P.O., PAYIPADU VILLAGE, ALAPPUZHA-690514.

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2 THE STATION HOUSE OFFICER, CHANGANASSERY POLICE STATION, KOTTAYAM - 686 101

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3 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031

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PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1919 OF 2020(H) 2

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ORDER

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An accused, who was arrested in connection

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with murder of a police officer (ASI) was subjected to manhandling at the police custody. At the instance of the doctor, who attended the

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accused (CW2) registered a crime against the police officials for the offence under Section 323, 325 r/w Section 34 IPC. It is submitted that though his statement was recorded under Section 164 Cr.P.C., nothing was mentioned or revealed either by name or by the official status or otherwise to show the identity of the police

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officials, who manhandled him except the name of one Manoj, the then S.I. of Police and no test identification parade was conducted to identify the petitioners herein, the accused Nos.1 and 2.

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The final report was submitted without conducting a test identification parade and without having any statement showing the identity of petitioners

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Crl.MC.No.1919 OF 2020(H) 3

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herein. In short, if it is proceeded further, it would be a futile exercise and will not serve any purpose. In order to avoid abuse of process of the court, the crime and the final report submitted against the petitioners herein, accused Nos.1 and 2 are hereby quashed.

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Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.1919 OF 2020(H) 4

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APPENDIX

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PETITIONER'S/S ANNEXURES:

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ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.677/07 OF THE CHANGANASSERY POLICE STATION. ANNEXURE 2 TRUE COPY OF THE INTIMATION GIVEN BY DR.FAHAD ASIF DATED 27.10.2007. ANNEXURE 3 TRUE COPY OF THE FIR IN CRIME NO.681/07 OF CHANGASSERY POLICE STATION. ANNEXURE 4 TRUE COPY OF THE 164 STATEMENT IN CRIME NO.681/2007.

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ANNEXURE 5 TRUE COPY OF THE STATEMENT OF THE 1ST RESPONDENT DATED 23.11.2007. ANNEXURE 6 TRUE COPY OF THE STATEMENT OF THE 1ST RESPONDENT DATED NIL. ANNEXURE 7 TRUE COPY OF THE STATEMENT OF THE 1ST RESPONDENT DATED 22.05.2009. ANNEXURE 8 TRUE COPY OF THE FINAL REPORT IN CRIME NO.681/07 OF THE CHANGANSSERY POLICE STATION.

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RESPONDENTS ANNEXURES:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Ajithkumar v. Biju @ Vijayakumar

Case brief

What is this about?

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Ajithkumar v. Biju @ Vijayakumar

Case brief

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