The High Court at Ernakulam, by a single judge Bench, quashed criminal proceedings against a petitioner accused of public nuisance and criminal intimidation. The court found the matter settled and no impediment to the prayer.
All proceedings against the petitioner in C.C.261/2023 on the files of Judicial First Class Magistrate's Court -II, Hosdrug are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
CRL.MC NO. 502 OF 2024
CRIME NO.552/2022 OF Chittarikal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT CC 261/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, HOSDRUG
PETITIONER/ACCUSED NO.3:
MIGDAD
AGED 19 YEARS
S/O SALIH V.C, MOORSHIDA MANZIL, PERUMBATTA, BHEEMANADI
VILLAGE, KASARGOD, KERALA, PIN – 671 310.
BY ADV. - R. ANAS MUHAMMED SHAMNAD
RESPONDENTS/STATE:
1 STATE OF KERALA THROUGH THE LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN – 682 031.2 STATION HOUSE OFFICER CHITTARIKKAL POLICE STATION, KASARGOD DISTRICT, PIN – 671 326.3 SREEHARI K AGED 18 YEARSS/O RATHEESAN, KODOTH VALAPPIL, PERUMBATTA, BHEEMANADI
VILLAGE, KASARGOD, KERALA, PIN – 671 310.
SRI. M.C. ASHI – PUBLIC PROSECUTOR
ADV. SALEEK C.A - R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.502 OF 2024 2
BECHU KURIAN THOMAS, J.
…………………...……………………… Crl.MC. No. 502 of 2024
………………………………..……………………… Dated this the 19th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
CRL.MC NO.502 OF 2024 3
the proceedings.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Rvm
2 issues framed by the court
Whether criminal proceedings under Sections 294(b) and 506/read with 34 IPC and Section 120(o) Kerala Police Act ought to be quashed upon settlement.
Whether the quashing of proceedings would serve any public interest given the nature of the offences alleged.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶32
[(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherReferred¶32
[(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherReferred¶32
[(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
MIGDAD
STATE OF KERALA
SREEHARI K
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
BECHU KURIAN THOMAS
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