Siraj, v. Hamna
Case brief
What is this about?
In a Quashing Petition under Section 482 CrPC, the Court held that the prima facie case against Section 498A IPC charges did not warrant quashing. The petition was dismissed, with directions for bail continuation.
What did the court decide?
Petition dismissed; direction to Magistrate to permit continuation of bail bonds or release on fresh bail.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
CRL.MC NO. 5777 OF 2019
CRIME NO.728/2016 OF GURUVAYOOR POLICE STATION, THRISSUR
CC NO.4047 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS,CHAVAKKAD
PETITIONERS:
1 SIRAJ, AGED 42 YEARS S/O.KUNJI MUHAMMED, SHYLA MANZIL , GURUVAYUR (P.O), GURUVAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680101.
2AMINA,
AGED 73 YEARS
W/O.KUNJI MUHAMMED, SHYLA MANZIL, GURUVAYUR (P.O),
GURUVAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN -
680101.
3 SHYLA, AGED 52 YEARS
W/O.JAMAL, THAMMARATH HOUSE, PALAYUR ROAD, CHAVAKKAD
TALUK, THRISSUR DISTRICT,PIN-680 506.
Issues for consideration
2 issues framed by the court
Whether the criminal petition under Section 482 CrPC for quashing charges under Section 498A IPC warrants quashment.
Whether petitioners should be released from custody on non-bailable warrants pending trial.
Parties & counsel
- petitioner
SIRAJ
- petitioner
AMINA
- petitioner
SHYLA
- petitioner
SABITHA
- respondent
HAMNA
- respondent
Case details
As recorded by the court registry
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