Third accused in a forged sim-card fraud case sought quashing of proceedings under Section 482 after his discharge petition was rejected by the magistrate. The High Court found uncontroverted allegations established a prima facie case and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
CRL.MC NO. 4908 OF 2022
CRIME NO.RC-06(S)/2013 OF CBCID, THIRUVANANTHAPURAM,
Thiruvananthapuram
CC NO.181 OF 2014 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONER/ ACCUSED NO.3 :
SADARUL ANAM AGED 40 YEARS
S/O KAREEM, KURIKKALAKATHOOT HOUSE, THURUTH, ALUVA.P.O, ERNAKULAM DISTRICT, PIN - 683101 BY ADVS. R.MURALEEKRISHNAN V.S.NOWSHAD T.M.RESHMY SITHARA.S
RESPONDENT/ STATE, DEFACTO COMPLAINANT :
CRL.MC NO. 4908 OF 2022
2
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4908 OF 2022
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BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=
Crl.M.C.No.4908 of 2022
-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 18th day of July, 2024
ORDER
Petitioner is the 3rd accused in C.C.No.181 of 2014 on the files
of the Chief Judicial Magistrate's Court, Ernakulam. Considering the importance involved in the crime, the CBI was called upon to investigate.
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CRL.MC NO. 4908 OF 2022
petition was preferred by the petitioner, he has now approached this Court to quash the proceedings under Section 482 Cr.P.C.
Bhajan Lal and Others [(1992) Supp 1 SCC 335] .
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CRL.MC NO. 4908 OF 2022
Since I am satisfied that the uncontroverted allegations in the prosecution case would not absolve the petitioner of the crime, the jurisdiction under Section 482 of the Cr.P.C. cannot be invoked to quash the proceedings.
Accordingly, I find no merit in this Crl.M.C. and it is dismissed.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 4908 OF 2022
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APPENDIX OF CRL.MC 4908/2022
PETITIONER'S ANNEXURES :
| Annexure A1 | TRUE COPY OF FINA CC NO.181/2014 MAGISTRATE COURT, |
L E |
REPORT/CHARGE SHEET IN OF CHIEF JUDICIAL RNAKULAM |
|---|---|---|---|
| Annexure A2 | TRUE COPY OF THE NO. 1811/2021 IN JUDICIAL MAGISTRA |
D CC TE |
ISCHARGE PETITION CMP NO.181/2014 OF CHIEF COURT, ERNAKULAM. |
| Annexure A3 | CERTIFIED COPY | OF | THE ORDER IN CMP |
| NO.1811/2021 IN JUDICIAL MAGISTRA |
CC TE |
NO.181/2014 OF CHIEF COURT, ERNAKULAM. |
1 issue framed by the court
Whether the criminal proceedings against accused no.3 can be quashed under Section 482 Cr.P.C. given the prima facie materials connecting him with the alleged offences.
Colour shows how this judgement treated each authority
State of Hariyana and Others v. Bhajan Lal and OthersRelied on¶5
[(1992) Supp 1 SCC 335] · Who else cites this
2 provisions across 2 enactments
Sadarul Anam
State of Kerala
Central Bureau of Investigation/SCB, Thiruvananthapuram
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
