Allowed

Xxx v. State of Kerala

Kerala HC28 May 2024Crl.MC/492/2021

Case brief

AI extract

What is this about?

Petitioners sought quashing of a Magistrate's order committing their calendar case for joint trial with a POCSO counter case arising from the same occurrence. The accused in the POCSO case had died and that case stood abated, making joint trial impossible. The High Court set aside the commitment order and directed the Magistrate to continue the trial as a calendar case.

What the court decided

AI extract

Xxx Vs State of Kerala — Child Sexual Offences (POCSO) | 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 A. BADHARUDEEN

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TUESDAY, THE 28^TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946

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CRL.MC NO. 492 OF 2021

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AGAINST THE ORDER IN CMP NO.1461/2020 IN CC NO.3768 OF 2013 OF

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JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI

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PETITIONERS/ACCUSED NOS. 1 TO 3:

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1 XXXX XXXX 2 XXXX XXXX 3 XXXX XXXX BY ADVS. K.R.VINOD SMT.M.S.LETHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031. 2 DR. AGNES GEORGE, AGED 68 YEARS W/O. LOUIS GEORGE, CC 23/2801-D, BEHIND OUR LADY'S HOSPITAL, KACHERIPADY, PALLURUTHY, KOCHI-682006. BY ADV T.G.RAJAN SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 492 OF 2021

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O R D E R

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Dated this the 28^th day of May, 2024

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This Criminal Miscellaneous Case has been filed under

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Section 482 of the Code of Criminal Procedure to quash Annexure A5 order, whereby the Judicial First Class Magistrate Court-II, Kochi, decided to commit C.C.No.3768/2013 in crime No.1388/2013 of Palluruthy

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Police Station, having found that counter case arose out of the same occurrence has been pending before the Special Court for trial of Protection of Children from Sexual Offences Act Cases, Ernakulam as S.C.No.35/2016

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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It is submitted by the learned counsel for the petitioners that the accused in S.C.No.35/2016 is now no more. The learned Public Prosecutor also submitted that the accused is no more and hence, the case against them, S.C.No.35/2016, stood abated.

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CRL.MC NO. 492 OF 2021

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In view of the above development, joint trial of S.C.No.35/2016 and C.C.No.3768/2013 is not possible. As a sequel thereof, Annexure A5 is set aside, with direction to the learned Magistrate to try the case against the accused, continuing the same as calendar case.

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In the result, this petition stands allowed to the extent

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indicated.

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Sd/A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 492 OF 2021

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APPENDIX OF CRL.MC 492/2021

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PETITIONER ANNEXURES

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ANNEXURE A1 THE COPY OF THE FINAL REPORT IN C.C.NO.3768/2013 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI.

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ANNEXURE A2 THE COPY OF THE FINAL REPORT IN SC NO.35/2016 PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT (FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN), ERNAKULAM.

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ANNEXURE A3 THE COPY OF THE CMP NO.1461/2020 IN CC NO.3768/2013 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOCHI, FILED BY THE 2ND RESPONDENT.

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ANNEXURE A4 THE COPY OF THE OBJECTION FILED BY THE PETITIONERS NO.1 AND 2 HEREIN, IN CMP NO.1461/2020 IN CC NO.3768/2013 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II KOCHI.

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ANNEXURE A5 THE CERTIFIED COPY OF THE ORDER IN CMP NO.1461/2020 IN CC NO.3768/2013 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II KOCHI, DATED 18.12.2020.

Xxx v. State of Kerala

Case brief

What is this about?

What the court decided

Xxx v. State of Kerala

Case brief

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