Dismissed

Sajin Sha v. State of Kerala

Kerala HC8 Jan 2021Crl.MC/4110/2018

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Miscellaneous Application seeking to quash proceedings in a charge sheeted case. The applicant argued that Section 376 IPC was not made out based on a Section 164 statement. The Court held that since the final report did not allege an offence under Section 376 IPC, only minor sections, the petition was devoid of merit.

What did the court decide?

The Crl.M.C. is dismissed.

Sajin Sha Vs State of Kerala — Writ and Judicial Review | 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.V.KUNHIKRISHNAN

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FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

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Crl.MC.No.4110 OF 2018

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AGAINST THE PROCEEDINGS IN C.P.NO.108/2017 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTARAKARA, KOLLAM DISTRICT

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PETITIONER/ACCUSED:

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SAJIN SHA AGED 25 YEARS, S/O SHAJAHAN, CHIRAYATHU VEEDU,PADINJATTINKARA, KOTTARAKARA, KOLLAM DISTRICT.

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.S.K.ADHITHYAN SRI.P.MOHANDAS (ERNAKULAM) SRI.MUHAMMED IBRAHIM ABDUL SAMAD SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN

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RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION, KOLLAM-691506.

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3 RESHMA SABOORA SADANAM,MUSLIM STREET,PADINJATTINKARA,KOTTARAKKARA,KOLLAM,691506 (ADDITIONAL 3RD RESPONDENT IMPLEADED VIDE ORDER DATED 19/09/2018 IN CRL MA 2/2018)

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OTHER PRESENT:

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R1 AND R2 BY SRI.SANTHOSH PETER, SR.PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.No.4110 OF 2018 2

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O R D E R

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Dated this the 8th day of January 2021

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This Crl.M.C. is filed to quash the entire proceedings in C.P.No.108 of 2017 on the file of

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the Judicial First Class Magistrate Court-1, Kottarakkara.

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The above case is charge sheeted against

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the petitioner alleging offences punishable under Sections 451, 354 and 511 of Section 376 of the Indian Penal Code.

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The above Crl.M.C. is filed mainly on the ground that, as per Annexure-II statement recorded under Section 164 Cr.P.C., the offence under

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Section 376 IPC is not made out. The averments in

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the Crl.M.C. are extracted hereunder:

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“3. After investigation the 2^nd respondent filed the final report on 23-09-2017. The learned Magistrate took cognizance and numbered the case as C.P. No.108/2017. Certified copy of the final

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CRL.M.C.No.4110 OF 2018 3

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report filed by the 2^nd respondent before the Judicial First Class Magistrate’s Court-1, Kottarakkara in C.P.No.108/17 dated 30-12-2017 is produced herewith and marked as ANNEXURE-I

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4. It is humbly submitted that during the course of investigation, the defacto complainant gave statement under section 164 Cr.P.C. before the learned Magistrate. Certified copy of the statement given by the victim under Section 164 Cr.P.C. dated 30-8-2017 is produced herewith and marked as ANNEXURE-II

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5. A reading of Annexure-II statement recorded by the learned Magistrate would show that offence under Section 376 will not lie. There is only an attempt to commit rape as per the 164 statement given by the victim. Hence the final report alleging commission of the offence under 376 is not maintainable.”

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I perused Annexure-1 final report. The

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Police after investigation has not filed any final report against the petitioner alleging offence

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punishable under Section 376 IPC. The only offence alleged is under Section 511 of Section 376 IPC along with Sections 451 and 354 IPC. That is the case of the petitioner also in this Crl.M.C.

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Since there is no offence under Section 376 IPC is alleged against the petitioner as per

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CRL.M.C.No.4110 OF 2018 4

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Annexure-1 final report, I think, this Crl.M.C.

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need not be kept pending.

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Hence, this Crl.M.C. is dismissed.

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Sd/-

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P.V.KUNHIKRISHNAN

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pkk

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JUDGE

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CRL.M.C.No.4110 OF 2018 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, KOTTARAKARA IN CP. NO.108/17 DATED 30.12.2017.

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ANNEXURE II

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CERTIFIED COPY OF THE STATEMENT GIVEN BY THE VICTIM UNDER SECTION 164 CR.P.C DATED 30.8.2017.

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//TRUE COPY//

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SD/-

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P.S. TO JUDGE

Sajin Sha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sajin Sha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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