Allowed

Jijeesh v. State of Kerala

Kerala HC16 Dec 2021Crl.MC/5029/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition petitioning for quashing of criminal proceedings against two accused accused for alleged offences under Section 153 IPC involving pelted stones at a Muslim League office after confirmation of settlement by the State and the defacto complainant.

What did the court decide?

The entire proceedings in C.C. No. 948/2019 of the Judicial First Class Magistrate – I, Manjeri are quashed and the petitioners shall stand exonerated.

Jijeesh Vs State of Kerala — Caste Atrocities | 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 K.HARIPAL

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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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CRL.MC NO. 5029 OF 2021

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CC 948/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURRT –I, MANJERI

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CRIME NO. 306/2019 OF AREACODE POLICE STATION, MALAPPURAM

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PETITIONERS/ACCUSED:

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1 JIJEESH AGED 26 YEARS, S/O. RAJAN, KANDENGAL HOUSE, UGRAPURAM POST, AREACODE, MALAPPURAM.

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2 ARJUN, AGED 23 YEARS S/O. NEELANDAN, PARANATHUMMAL HOUSE, UGRAPURAM POST, AREACODE, MALAPPURAM.

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BY ADV. K.RAKESH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 THE STATION HOUSE OFFICER AREACODE POLICE STATION, MALAPPURAM DISTRICT, PIN-673639.

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3 P.P.SAFARULLA AGED 58 YEARS SECRETARY, ERNAD MANDALAM MUSLIM LEAGUE COMMITTEE, PUTHUPPADAN HOUSE, AREACODE P.O., ERNAD TALUK, MALAPPURAM DISTRICT, PIN-673639.

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R1 & R2 BY SRI.HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR R3 BY ADV. K.S.PRAVEEN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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16.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5029 OF 2021 2

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ORDER

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Petitioners are accused in C.C. No. 948/2019 on the file of

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the Judicial First Class Magistrate Court – I, Manjeri which is based on the final report in Crime No. 306/2019 of Areacode police station registered alleging offence under Section 153 of the Indian Penal Code. It is alleged that on 01.12.2019 at 19.00 hours, the accused persons had pelted stones at the office of the Muslim League and tried to erupt riot in the area. On conclusion of investigation, charge sheet has been laid which is pending as C.C. No. 948/2019 before the Judicial First Class Magistrate – I, Manjeri. Claiming that the matter is settled, proceedings are sought to be quashed under Section 482 of the Code of Criminal Procedure.

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I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. The learned Public Prosecutor also confirmed the settlement.

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Similarly, Annexure C affidavit of the defacto complainant indicates that the matter is settled and he does not want to pursue the proceedings. In the light of the clear statement

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Crl.M.C.No.5029 OF 2021 3

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of the third respondent, there is no purpose in continuing the proceedings. Entire proceedings in C.C. No. 948/2019 of the Judicial First Class Magistrate – I, Manjeri are quashed and the petitioners shall stand exonerated.

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The Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL

JUDGE

DCS/16.12.2021

Crl.M.C.No.5029 OF 2021 4

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A CERTIFIED COPY OF THE F.I.R. AND F.I.S. IN CRIME NO.306/2019 OF AREACODE POLICE STATION DATED 1.12.2019. ANNEXURE B CERTIFIED COPY OF FINAL REPORT IN CRIME NO.306/2019 OF THE AREACODE POLICE STATION. ANNEXURE C AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED, 28.7.2021.

Jijeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jijeesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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