Dismissed

Mr.Linu v. Varghese v State of Kerala

Kerala HC22 Aug 2023Crl.MC/3185/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the criminal miscellaneous petition seeking quashment of an FIR alleging offences under IPC and the Prevention of Atrocities Act. The court held the challenge became infructuous as the Public Prosecutor submitted the investigation revealed the case was false.

What did the court decide?

The petition to quash the FIR is dismissed as infructuous with liberty to exhaust legal remedies if the complainant proceeds.

Mr.Linu v. Varghese Vs State of Kerala — Caste Atrocities | Kerala HC (2023)

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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 A. BADHARUDEEN

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TUESDAY, THE 22^ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 CRL.MC NO. 3185 OF 2016

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PETITIONERS:

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1 MR.LINU V. VARUGHESE S/O.V.V.VARGHESE, AGED 38 YEARS, VATTAPPARAMPIL PUTHENVEEDU, PAVUKKARS.P.O, MANNAR. 2 MR.V.V.VARUGHESEAGED S/O.LATE P.G.VARUGHESE, AGED 74 YEARS, VATTAPARAMBIL PUTHENVEEDU, PAVUKKARS.P.O, MANNAR. BY ADV SMT.INDU SUSAN JACOB

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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SR PP – P G MANU

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No. 3185 of 2016

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ORDER

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Dated this the 22^nd day of August, 2023

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This petition has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A1 FIR No.709/2016 dated 06.04.2016 before the Attingal Police Station alleging offences under Sections 294(b) and 323 of IPC and Section 3(1)(X) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the State.

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The learned Public Prosecutor would submit that, in this matter, investigation has been completed and during investigation it was found that the case is false. The report will be filed accordingly. Therefore, the petition has become infructuous.

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In view of the said submission, the challenge against Annexure-A1 FIR No.709/2016 dated 06.04.2016

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Crl.M.C No. 3185 of 2016

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of Attingal Police Station no more survives.

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Accordingly, the Crl.M.C. stands dismissed as infructuous, with liberty to the petitioners to exhaust legal remedies, if the defacto complainant proceeds further in relation to the refer charge.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C No. 3185 of 2016

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APPENDIX OF CRL.MC 3185/2016

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PETITIONER EXHIBITS :

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ANNEXURE A1 A TRUE COPY OF THE FIR NO.0709/2016 DATED 06/04/2016 ANNEXURE A2 A TRUE COPY OF THE PLAINT IN O.S.NO.215/2016 BEFORE THE HON'BLE MUNSIFF COURT,ATTINGAL ANNEXURE A3 A TRUE COPY OF THE INJUNCTION ORDER DATED 02.04.2016 ANNEXURE A4 A TRUE COPY OF FIR DATED 02.04.2016 FILED BY THE MRS.JINTU K.JOSE BEFORE THE ATTINGAL POLICE STATION ANNEXURE P5 A TRUE COPY OF THE JUDGMENT DATED 07.04.2016 IN W.P(C)13281/2016 BEFORE THE HON'BLE HIGH COURT OF KERALA.

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RESPONDENT'S ANNEXURES : NIL

Mr.Linu v. Varghese v State of Kerala

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Mr.Linu v. Varghese v State of Kerala

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