Dismissed

Biju v. State of Kerala

Kerala HC21 Jul 2022Crl.MC/7375/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, dismissing the criminal miscellaneous case, declined to invoke inherent powers under Section 482 Cr.P.C. to quash the proceedings, instead granting the petitioner liberty to approach the trial court for discharge if the charge had not been framed.

What did the court decide?

Liberty to file an application for discharge at the Court below, provided the charge has not been framed already.

Biju Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

¶4

THURSDAY, THE 21^ST DAY OF JULY 2022 / 30TH ASHADHA, 1944

¶5

CRL.MC NO. 7375 OF 2018

¶6

CC 1220/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

¶7

KATTAKADA

¶8

PETITIONER/ACCUSED:

¶9

BIJU AGED 51 YEARS HONEY VIHAR, MUDIPPURAVILA, THALAYIL DESOM, ATHIYANOOR, NEYYATTINKARA. BY ADVS. VIJAYAKUMARI Mohammed Al Rafi S

¶10

RESPONDENT/COMPLAINANT:

¶11

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 MINI W/O.RAMESAN, KAUSTHBHAM VEEDU, NAVAKODE, ARUMANOOR, KANDALA, MARANALLOOR. SMT T V NEEMA -SR PP

¶12

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

Crl.M.C.No.7375 of 2018

¶14

O R D E R

¶15

Heard. I am not inclined to invoke Section 482 of

¶16

the Cr.P.C. However, this Crl.M.C. is dismissed with liberty to

¶17

the petitioner to file an application for discharge at the Court

¶18

below provided the charge has not been framed already.

¶19

Sd/-

¶20

DR.KAUSER EDAPPAGATH, JUDGE

¶21

RMV

¶22

Crl.M.C.No.7375 of 2018

¶23

..3..

¶24

APPENDIX OF CRL.MC 7375/2018

¶25

PETITIONER ANNEXURES

¶26

ANNEXURE A1	CERTIFIED COPY OF THE FIR IN CRIME NO.520 OF 2015 MARANALLOOR STATION DATED 04/07/2015.
ANNEXURE A2	CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO.520/2015 OF MARANALLOOR POLICE STATION DATED 19/08/2015.
ANNEXURE A3	THE COPY OF SALE DEED NO.396/2012 SRO PERINGAMALA, DATED 18/03/2012.
ANNEXURE A4	THE COPY OF SALE DEED NO.679/2012 SRO PERINGAMALA, DATED 15/05/2012.
ANNEXURE A5	COPY OF ORDER IN B.A.NO.4064/15 DATED 10/07/2015 BY THIS HON'BLE HIGH COURT.
ANNEXURE A6	COPY OF THE FIR IN CRIME NO.549 OF 2015 MARANALLOOR STATION DATED 04/07/2015.
ANNEXURE A7	COPY OF THE FIR IN CRIME NO.763 OF 2015 OF BALARAMAPURAM POLICE STATION.

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

X Vs State of Kerala

Biju.N.Nair Vs State of Kerala

Subramanian Vs State of Kerala

Mary Vs State of Kerala

Shameer Vs State of Kerala

Rubais Vs State of Kerala