This is a short dismissal order regarding an application for bail or quashment. The court held that due to the petitioner's involving in 14 crimes and strong criminal antecedents, the inherent powers under Section 482 Cr.P.C. are not attracted, dismissing the criminal miscellaneous case.
The Criminal Miscellaneous Case was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.MC NO. 2954 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
CRL.MC NO. 2954 OF 2022
CC 2582/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
PUNALUR
PETITIONER/S:
NIZAR, AGED 39 YEARS
S/O ABDUL AZEEZ, RESIDING AT CHARUVILA PUTHENVEEDU,
NEAR THYCAVU, KARYARA, VILAKKUDY VILLAGE,
KARYARA P.O, KOLLAM, PIN - 691322
BY ADVS.
NIRMAL V NAIR
ANEES.T
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 RASHEEDA BEEVI, AGED 54 YEARS W/O DIRAR, RESIDING AT NALLUR VADAKKATHIL VEEDU, KARYARA ASHRAMAM JUNCTION, KARYARA P.O., VILAKKUDY VILLAGE, KOLLAM., PIN - 6913223 SHAJI, AGED 45 YEARS S/O.JAMEELA BEEVI, RESIDING AT NALLUR VADAKKATHIL VEEDU, KARYARA ASHRAMAM JUNCTION, KARYARA P.O., VILAKKUDY VILLAGE, KOLLAM, PIN - 691322R1 BY SRI G SUDHEER-PP
R2 & R3 BY ADV RAHUL SASI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.10.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 2954 OF 2022
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ORDER
Heard both sides.
The learned Public Prosecutor filed a report showing the antecedents of the petitioner. The petitioner is involved in 14 crimes. In view of the fact that there is strong criminal antecedents, the jurisdiction vested with this Court under Section 482 of Cr.P.C cannot be invoked. Hence, this Crl.M.C is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
CRL.MC NO. 2954 OF 2022
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APPENDIX OF CRL.MC 2954/2022
PETITIONER ANNEXURES
Annexure 1A TRUE COPY OF THE FINAL REPORT DATED 5-
10-2021 IN C.C. NO. 2582/2021 ON THE
FILES OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS- II, PUNALUR
Annexure 2THE AFFIDAVIT DATED 5-5-2022 SWORN BY
THE 2ND RESPONDENT
Annexure 3THE AFFIDAVIT DATED 5-5-2022 SWORN BY
THE 3RD RESPONDENT
RESPONDENTS ANNEXURES: NIL
1 issue framed by the court
Whether the inherent powers of the High Court under Section 482 Cr.P.C. can be invoked when the petitioner has strong criminal antecedents.
1 provisions across 1 enactments
NIZAR
STATE OF KERALA
RASHEEDA BEEVI
SHAJI
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court