Dismissed

Shelly O.F v. State of Kerala

Kerala HC6 Jan 2021Crl.MC/4038/2020

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an appeal against an order upholding a grudge case. The court found no material to invoke Section 482 Cr.P.C. powers beneficially, granting only a request for exemption from personal appearance.

What did the court decide?

The criminal miscellaneous case was dismissed; a request for exemption from personal appearance was allowed without prejudice to the ongoing trial.

Shelly O.F Vs State of Kerala — Pension and Retirement Benefits | 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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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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Crl.MC.No.4038 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN CC 297/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, MANANTHAVADY

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CRIME NO.219/2020 OF THIRUNELLY POLICE STATION, WAYANAD

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PETITIONER/ACCUSED:

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SHELLY O.F, AGED 51 YEARS S/O. FRANCIS, OTTARAKKAL HOSUE, MAKALAYAM P.O., KANNUR DISTRICT.

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BY ADV. SRI.RAJIT

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 MELBIN MANUVEL AGED 35 YEARS NADUVATHANIYIL HOUSE, KOLAKKAD P.O., THIRUNELLI, KANNUR DISTRICT-670 673.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4038 OF 2020(D) 2

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ORDER

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The petitioner is the sole accused in C.C.297/2020 of JFCM-II, Mananthavady and the Crime No.219/2020 of Thirunelvelli Police Station

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under Sections 341,323 IPC. The case of

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prosecution is that on 16.04.2020 at about 7.30

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p.m, a lorry driven by the second respondent forcibly stopped by the accused under the guise of inspection with the sole aim to get gratification, which was refused by the defacto complainant. Thereon, the petitioner assaulted the defacto complainant, wrongly restrained him and caused to

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register a crime against him so as to wreck vengeance. Investigation is completed and final report submitted alleging offence both under

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Sections 341 and 323 IPC. As such, there is no material before this court so as to exercise the

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inherent power under Section 482 Cr.P.C. The

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learned Magistrate shall consider any application

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Crl.MC.No.4038 OF 2020(D) 3

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for exemption from appearance, taking into account

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of his employment as AMVI. Without prejudice to the right of petitioner to take up all defences at the proper stage of proceedings, the present Crl.M.C. is hereby dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.4038 OF 2020(D) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT.

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ANNEXURE A2 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CRIME NO.219/2020 OF THIRUNELLI POLICE STATION.

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//TRUE COPY//

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P.A. TO JUDGE

Shelly O.F v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shelly O.F v. State of Kerala

Case brief

What is this about?

What did the court decide?

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