Quashed

T.B.a.Rahman v. the State of Kerala

Kerala HC30 Nov 2022Crl.MC/4414/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed further criminal proceedings in a case involving Section 143, 147, 148, 294(b), 506(ii) r/w 149 IPC. The offenses were alleged against family members of a tharavadu. The Court, noting the close relationship and lack of specific allegations attracting the offense ingredients, held that no purpose would be served by continuing the case and quashed the proceedings.

What did the court decide?

All further proceedings in CC No. 353/2018 on the files of the Chief Judicial Magistrate Court, Kasaragod are hereby quashed.

T.B.a.Rahman Vs the State of Kerala — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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WEDNESDAY, THE 30^TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944

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CRL.MC NO. 4414 OF 2019

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AGAINST CC 353/2018 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD PETITIONER/ACCUSED 1 TO 5:

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1 T.B.A.RAHMAN AGED 69 YEARS S/O.MOIDEEN KUNHI PADOOR, NEAR MALLIKA HOSPITAL, K.R.PURAM, HASSAN DT., KARNATAKA-533201.

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2 ANWAR SADATH, AGED 50 YEARS S/O.MOIDEEN KUTTY, VALLIYOD HOUSE, KALANAD P.O., KASARAGOD DISTRICT.

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3 ASHRAF KALLATRA, AGED 53 YEARS S/O.LATE KALLATRA ABDUL KADER HAJI, MUBARAK MANZIL, KALANAD P.O., KASARAGOD DISTRICT.

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4 KASIM KALLATRA, AGED 62 YEARS S/O.LATE MOIDEEN KUTTY, CHEMBARIKA HOUSE, KALANAD P.O., KASARAGOD DISTRICT.

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5 SALAM KALLATRA, AGED 52 YEARS S/O.LATE KALLATRA ABDUL KADER HAJI, MUBARAK MANZIL, KALANAD P.O., KASARAGOD DISTRICT.

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BY ADVS. S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE

Crl.M.C.No.4414/2019

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RESPONDENT:

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

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OTHER PRESENT:

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SRI P G MANU-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 9.11.2022, THE COURT ON 30.11.2022 PASSED THE FOLLOWING:

Crl.M.C.No.4414/2019

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O R D E R

Dated this the 30^th day of November, 2022

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This Crl.MC has been filed to quash all further proceedings in CC No. 353/2018 on the files of the Chief Judicial Magistrate Court, Kasaragod. The petitioners are the accused. The offences alleged against them are punishable under Sections 143, 147, 148 , 294(b), 506(ii) r/w 149 of IPC.

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The prosecution case in short is that on 13/8/2014 at 1.45 p.m., the petitioners and other known accused arrived in a car near the house of the defacto complainant, abused her in a filthy language and criminally intimidated showing guns and arms.

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I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

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The petitioners and the defacto complainant are closely related. They are members of the same tharavadu. It is evident from the records that there is longstanding dispute between the members of the tharavadu house and there were

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Crl.M.C.No.4414/2019

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cases and counter cases. Two other cases, CC Nos. 548/2014 and 122/2015, were pending between the members of the tharavadu. Those cases were quashed by this court.

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I went through the entire records. It appears that several cases were registered on account of the dispute between the members of the tharavadu. There are no specific allegations as such to attract the ingredients of the offences alleged. Since the parties are closely related and there are no specific allegations to attract the ingredients of the offences, I am of the view that no purpose will be served in proceeding with the case further. Accordingly, all further proceedings in CC No.353/2018 on the files of the Chief Judicial Magistrate Court, Kasaragod are hereby quashed. Crl.M.C is allowed.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

Crl.M.C.No.4414/2019

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APPENDIX OF CRL.MC 4414/2019

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PETITIONER ANNEXURES

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ANNEXURE A FINAL REPORT. ANNEXURE B COPY OF FIR NO.446/2016. ANNEXURE C COPY OF THE FIR NO.741/2013. ANNEXURE D ORDER IN CRL.M.C.NO.674/2015.

T.B.a.Rahman v. the State of Kerala

Case brief

What is this about?

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T.B.a.Rahman v. the State of Kerala

Case brief

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