Dismissed

Harilal P.L. v. State of Kerala

Kerala HC6 Jun 2023Crl.MC/1531/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case in the Kerala High Court. Petitioner accused in IPC offenses moved for writ to quash proceedings based on deceased complainant affidavit. Court dismissed petition as affidavits of occurrence witnesses could not lead to quashing. Directed expeditious disposal by lower court.

What did the court decide?

Petition to quash proceedings dismissed; petitioner directed to request lower court to expedite trial.

Harilal P.L. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY,THE6THDAYOFJUNE2023/16THJYAISHTA,1945

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CRL.MC NO. 1531 OF 2023

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AGAINST THE ORDER/JUDGMENT IN CC 364/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, TVM (SPECIAL COURT-MARKLIST CASES)

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PETITIONER/ACCUSED NO.1:

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HARILALP.L.
AGED53YEARS
S/OPONNAPPANNAIR,

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SINDHUNIVAS,KERALADITHYAPURAM,POUDIKKONAM,
THIRUVANANTHAPURAM,PIN-695015

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BYADVJ.G.SYAMNATH

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RESPONDENTS/STATE/COMPLAINANT:

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

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2 SUB INSPECTOR OF POLICE MANNANTHALA POLICE STATION, THIRUVANANTHAPURAM, PIN - 695015

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3 KIRAN S. S/O SANTHOSH S.R., SINDHU NIVAS, KERA B7/1, KERALADITHYAPURAM, THIRUVANANTHAPURAM

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4 SURESH S/O BHUVANANCHANDRAN, THARATTAYIL VEEDU, SN NAGAR, PATHIRAPPALLY, KUDAPPANAKUNNU, THIRUVANANTHAPURAM

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5 GOPUKUMAR S/O GOPI, THUNDUVILAKATHU VEEDU, KOTTAMUKAL, PATHIRAPPALLY, KUDAPPANAKUNNU, THIRUVANANTHAPURAM

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CRL.MCNO.1531OF2023

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6 BIJUKUMAR

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S/OMANIKANDANNAIR,
KUTTATTUVILAVEEDU,CONVENTLANE,NALANCHIRA,
KUDAPPANAKUNNU,THIRUVANANTHAPURAM

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7ROBINS.
S/OSTEPHENJAMES,
KALLVILAYILVEETTIL,CONVENTLANE,NALANCHIRA,
KUDAPPANAKUNNU,THIRUVANANTHAPURAM

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8AKHILA.
S/OANILKUMAR,
SANTHOSHBHAVAN,MANKOTTUKONAM,CHELLAMANGALAM,
ULIYAZHTHURA,THIRUVANANTHAPURAM

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SRIVIPINNARAYANSRPP

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THISCRIMINALMISC.CASEHAVINGCOMEUPFORADMISSION
ON06.06.2023,THECOURTONTHESAMEDAYPASSEDTHE
FOLLOWING:

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CRL.MCNO.1531OF2023

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ORDER

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The petitioner herein is the accused in C.C. No. 364/2021 on the file of the Judicial Magistrate of First Class-V, Thiruvananthapuram. He is accused of having committed offenses punishable u/s 294(b), 323, 447, and 506(i) of the IPC.

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The prosecution allegation is that the petitioner on 18.04.2021,

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trespassed into the property of the defacto complainant, who is his brother-in-law, and attacked him, causing injuries.

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The learned counsel submits that the de facto complainant is

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no more. He also submits that the witnesses CW2 to CW6, who are the prime witnesses, have filed separate affidavits before this Court stating that they have had no occasion to witness the occurrence. The learned counsel submits that this court be pleased to rely on Annexures-A3 to A8 and quash the proceedings.

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The learned Public Prosecutor has opposed the submissions. It is

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submitted that the affidavits of the witnesses cannot be relied on to quash the proceedings.

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I have considered the submissions advanced.

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CRL.MCNO.1531OF2023

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The contention of the petitioner is that as the de facto complainant is no more, this court would be justified in relying on the affidavits filed by the occurrence witnesses that they had no occasion to witness the incident and quash the proceedings. I am afraid the submission advanced by the learned counsel cannot be accepted.

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This petition will stand dismissed.

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As the parties are near relatives, and as it is submitted that the

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disputes have been resolved, the petitioner may request the learned Judicial Magistrate of First Class-V, Thiruvananthapuram, to expedite the proceedings in C.C. No. 364/2021 and if such a request is made, the same shall be considered and appropriate action taken.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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avs

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CRL.MCNO.1531OF2023

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APPENDIX OF CRL.MC 1531/2023

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PETITIONER ANNEXURES

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Annexure-A1CERTIFIEDCOPYOFTHEFIRANDFISINCRIMENO.
516/2021OFMANNANTHALAPOLICESTATION
Annexure-A2CERTIFIEDCOPYOFFINALREPORTINCRIMENO.
516/2021OFMANNANTHALAPOLICESTATION
Annexure-A3TRUECOPYOFTHEDEATHCERTIFICATEOFMR.
SANTHOSHS.R.
Annexure-A4TRUECOPYOFTHEAFFIDAVITFILEDBYCW2
Annexure-A5TRUECOPYOFTHEAFFIDAVITFILEDBYCW3
Annexure-A6TRUECOPYOFTHEAFFIDAVITFILEDBYCW4
Annexure-A7TRUECOPYOFTHEAFFIDAVITFILEDBYCW5
Annexure-A8TRUECOPYOFTHEAFFIDAVITFILEDBYCW6
Annexure-A9TRUECOPYOFTHEJUDGMENTOFTHISHON'BLECOURT
INCRL.M.C.5814/2021DATED26-05-2022

Harilal P.L. v. State of Kerala

Case brief

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Harilal P.L. v. State of Kerala

Case brief

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