Disposed

Mohammed Rafi v. State of Kerala

Kerala HC22 Jul 2024Crl.MC/4821/2018

Case brief

AI extract

What is this about?

The High Court disposed of two connected criminal miscellaneous cases filed by Mohammed Rafi challenging a vehicle release order and a final report. Instead of adjudicating merits, the court directed the petitioner to approach the trial court for a discharge petition and reserved the right to examine conditions of the release order separately on an application.

What did the court decide?

The Criminal Miscellaneous Cases are disposed of by directing the petitioner to file a discharge petition in the trial court and permitting a separate application regarding violation of release order

Mohammed Rafi Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2024)

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 22^ND DAY OF JULY 2024 / 31ST ASHADHA, 1946 CRL.MC NO. 6561 OF 2015

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CRIME NO.260/2015 OF THIRURANGADI POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 11.09.2015 IN CMP NOS.9976 OF 2015 AND 10066 OF 2015 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS - I, PARAPPANANGADI

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PETITIONER/PETITIONER IN CMP 10066/15 & RESPONDENT IN CMP 9976/15 OF JFCM-I, PARAPPANANGADI:

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MOHAMMED RAFI AGED 37 YEARS S/O.SAITHALAVI, KARIPARAMBATH (H) & RESPONDENT IN CMP 9976/15, PANTHARANGADI, THRIKKULAM AMSOM DESOM, TIRURANGADI TALUK.

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BY ADVS. SRI.PRAVEEN K. JOY SRI.NIXON PAUL

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RESPONDENT/STATE/RESPONDENT IN CMP 10066/15 OF JFCM-I,

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PARAPPANANGADI:

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1 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.I.OF POLICE, THIRURANGADI – 685 505.

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2 VENGIDESH

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AGED 68 YEARS S/O.M.LAKSHMANA NAIDU, 15/327 KOTTAMPULLI HARINAGAR, POONKUNNAM, THRISSUR – 685 505.

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BY ADVS. SRI.MILLU DANDAPANI

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.07.2024, ALONG WITH Crl.MC.4821/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 22^ND DAY OF JULY 2024 / 31ST ASHADHA, 1946

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CRL.MC NO. 4821 OF 2018

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CRIME NO.260/2015 OF THIRURANGADI POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED IN CC

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NO.1413 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS –

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I, PARAPPANANGADI

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PETITIONER/ACCUSED IN CC 1413/15 OF JFMC-I,

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PARAPPANANGADI:

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MOHAMMED RAFI

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AGED 39, S/O SAITHALAVI, KARIPARAMBATH-H- & RESPONDENT IN CMP 9976/15, PANTHARANGADI,THRIKKULAM AMSOM DESOM, TIRURANGADI TALUK.

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENT/STATE/COMPLAINANT:

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1 STATE OF KERALA

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REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SI OF POLICE,TIRURANGADI.

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2 VENGIDESH @ VENGIDESWARAN

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AGED 68 YEARS, S/O.M.LAKSHMANA NAIDU, 15/327, KOTTAMPULLI HARINAGAR, POONKUNNAM-THRISSUR.

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BY ADV. MILLU DANDAPANI SRI.RENJITH T.R., SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.07.2024, ALONG WITH Crl.MC.6561/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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P.V.KUNHIKRISHNAN, J.

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018 ---------------------------------------------Dated this the 22^nd day of July, 2024

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O R D E R

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These Criminal Miscellaneous Cases are connected and therefore I am disposing of these two cases by a common order.

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The petitioner in Crl.M.C.No.6561/2015 is aggrieved by Annexure-19 order produced in that case. Annexure-19 is an order passed under Section 451 Cr.P.C for releasing a stage carriage to the 2^nd respondent in these cases with certain conditions mentioned in it. Crl.M.C.No.4821/2018 is filed by the same petitioner in Crl.M.C.No.6561/2015 challenging the final report in C.C.No.1413/2015 on the file of the

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Judicial First Class Magistrate Court – I, Parappanangadi, arising from Crime No.260/2015 of

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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Thirurangadi Police Station, in which the vehicle was seized by the police and produced before the court.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the 2^nd respondent in these cases.

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Counsel for the petitioner raised different contentions to quash the proceedings and to claim the vehicle which is now released to the 2^nd respondent in these cases. The counsel appearing for the 2^nd respondent submitted that he is the registered owner of the vehicle and has the right for interim custody.

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I don't want to make any observation about

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the merit of the case. Admittedly, a final report is filed before the jurisdictional court against the petitioner in these cases. The petitioner can file a discharge petition before the trial court raising all the contentions raised in these Criminal Miscellaneous Cases. If the discharge petition is allowed, the learned Magistrate will pass appropriate orders under Section 452 Cr.P.C. If the

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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discharge petition is not allowed, the learned Magistrate will dispose of the case as expeditiously as possible and pass appropriate orders under Section 452 Cr.P.C. also at the appropriate stage. If the petitioner has a case that there is violation of the conditions imposed in Annexure-19 order produced in Crl.M.C. No.6561/2015 from the side of 2^nd respondent, the petitioner is free to file appropriate application before the court concerned and the learned Magistrate will consider the same separately and pass appropriate orders in accordance with law.

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With the above directions, these Criminal Miscellaneous Cases are disposed of.

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P.V.KUNHIKRISHNAN JUDGE

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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APPENDIX OF CRL.MC 4821/2018

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PETITIONER ANNEXURES

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ANNEXURE 1	THE TRUE	PHOTOCOPY OF THE AGREEMENT
	DATED 27. PETITIONER	8.13 EXECUTED BETWEEN THE AND THE 2ND RESPONDENT.
ANNEXURE 2	THE TRUE BEARING NO SUNDARAM FI	PHOTOCOPY OF THE RECEIPT .0018636 DATED 26.11.13 OF NANCE.
ANNEXURE 3	THE TRUE BEARING NO SUNDARAM FI	PHOTOCOPY OF THE RECEIPT .128473 DATED 13.12.2013 OF NANCE.
ANNEXURE 4	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0079999 DATED 16.12.2013
ANNEXURE 5	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0128474 DATED 14.1.2014.
ANNEXURE 6	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 003824 DATED 10.2.2014
ANNEXURE 7	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0144516 DATED 11.04.2014.
ANNEXURE 8	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0148352 DATED 20.6.2014.
ANNEXURE 9	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0030481 DATED 30.9.2014.
ANNEXURE 10	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0104099 DATED 10.10.2014
ANNEXURE 11	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0101279 DATED 15.10.2014
ANNEXURE 12	THE TRUE BEARING NO.	PHOTOCOPY OF THE RECEIPT 0101278 DATED 31.12.2014
ANNEXURE 13	THE TRUE ACCOUNT OF BRANCH	COPY OF THE STATEMENT OF STATE BANK OF INDIA,CHEMMAM

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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ANNEXURE 14	THE TRUE PHOTOCOPY	OF	THE PRIVATE
	COMPLAINT IN CMP	1651/	2015 BEFORE
	JUDICIAL FIRST COURT,PARAPPANANGADI	CLASS DATED	MAGISTRATE 12.2.15
ANNEXURE 15	THE TRUE COPY OF THE 11.9.15 IN CMP 9976/	COMMO 15 AND	N ORDER DATED CMP 10066/15
	IN CRIMEN 260/15 OF	THRUR	ANGADI POLICE
	STATION BEFORE JUD	ICIAL	FIRST CLASS
	MAGISTRATE-I,COURT,.P	ARAPP	ANANGADI.
ANNEXURE 16	THE TRUE COPY OF 05.08.2016 IN CMP 32 BEFORE JUDICIAL FIRS I,COURT,PARAPPANANGAD	THE 63/16 T CLAS I.	ORDER DATED IN CC 1413/15 S MAGISTRATE-
ANNEXURE 17	THE TRUE COPY OF T CRL.M.C.6561/15 DATED	HE ST 30.0	AY ORDER IN 5.2018.
ANNEXURE 18	THE TRUE COPY OF THE 17.06.2015.	FINAL	REPORT DATED

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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APPENDIX OF CRL.MC 6561/2015

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PETITIONER ANNEXURES

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ANNEXURE 1- THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 27.8.13 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

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ANNEXURE 2- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0018636 DATED 26.11.13 OF SUNDARAM FINANCE.

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ANNEXURE 3- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.128473 DATED 13.12.2013 OF SUNDARAM FINANCE.

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ANNEXURE 4- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0079999 DATED 16.12.2013.

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ANNEXURE 5- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0128474 DATED 14.1.2014.

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ANNEXURE 6- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0003824 DATED 10.2.2014.

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ANNEXURE 7- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0144516 DATED 11.04.2014.

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ANNEXURE 8- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0148352 DATED 20.6.2014.

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ANNEXURE 9- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0030481 DATED 30.9.2014.

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ANNEXURE 10- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0104099 DATED 10.10.2014.

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Crl.M.C. Nos.6561 of 2015 & 4821 of 2018

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ANNEXURE 11- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0101279 DATED 15.10.2014.

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ANNEXURE 12- THE TRUE PHOTOCOPY OF THE RECEIPT BEARING NO.0101278 DATED 31.12.2014.

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ANNEXURE 13- THE TRUE COPY OF THE STATEMENT OF ACCOUNT OF STATE BANK OF INDIA, CHEMMAD BRANCH.

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ANNEXURE 14- THE TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT IN CMP 1651/2015 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI 12.5.15.

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ANNEXURE 15- THE TRUE PHOTOCOPY OF THE ORDER DATED 27.5.15 IN CRL.MC 1680/15 OF THIS HONOURABLE COURT. ANNEXURE 16- THE TRUE PHOTOCOPY OF THE CMP 10066/15 IN CRIME 260/15 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI.

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ANNEXURE 17- THE TRUE PHOTOCOPY OF THE CMP 9976/15.

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ANNEXURE 18- THE TRUE PHOTOCOPY OF THE OBJECTION IN CMP 10066/15 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI.

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ANNEXURE 19- THE CERTIFIED COPY OF THE COMMON ORDER DATED 11.9.2015 IN CRMP 9976/15 AND CMP 10066/15 IN CRIME 260/15 OF THIRURANGDI POLICE STATION BEFORE JUDICIAL FIRST CLASS MAGISTRATEI COURT, PARAPPANANGADI.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Mohammed Rafi v. State of Kerala

Case brief

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Mohammed Rafi v. State of Kerala

Case brief

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