Petitioner, 3rd accused in a car-robbery case, sought quashing of proceedings under Section 482 Cr.P.C., contending only a co-accused's confession linked him. Court found disputed questions of fact requiring adjudication at trial and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945
CRL.MC NO. 6717 OF 2023
CRIME NO.2298/2021 OF Gandhinagar Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.149 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, ETTUMANOOR
PETITIONER/3RD ACCUSED:
ADWAIT S. NAIR,
AGED 22 YEARS
S/O. SOORAJ, PUNNAMATTATHIL HOUSE, KIDANGOOR VILLAGE,
KIDANGOOR P.O, KOTTAYAM DISTRICT., PIN - 686572
BY ADVS.
BLESSEN GEORGY MATHEWS
K.VIVEK SOMAN
RESPONDENTS:
1SHAJEEV VIJAYAN,
AGED 38 YEARS
KALAYIL HOUSE, NEDUMKANDAM P.O, KALKOONTHAL, MINOR CITY
KARA, IDUKKI, KERALA., PIN - 685553
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031OTHER PRESENT:
SRI. NOUSHAD K.A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
Crl.M.C.No. 6717 of 2023
Dated this the 18th day of March, 2024
ORDER
Petitioner is the 3rd accused in C.C.No.149 of 2022 pending before the Judicial First Class Magistrate’s Court, Ettumanoor, arising out of Crime No.2298 of 2021 of Gandhi Nagar Police Station.
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witnesses contradict those of the defacto complainant, and therefore the provisions of Section 482 of Cr.P.C, ought to be invoked.
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regarding the involvement or otherwise of the petitioner, and as the Investigating Officer has already arrayed the petitioner as an accused and considering the statement of the defacto complainant, I am of the view that this is not a fit case where the jurisdiction under Section 482 of Cr.P.C, can be invoked.
Accordingly, I find no merit in this Crl.M.C and the same is dismissed.
Sd/BECHU KURIAN THOMAS JUDGE
AJM/18/3/24
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APPENDIX OF CRL.MC 6717/2023
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE FIR IN
CRIME NO: 2298/2021 OF GANDHI NAGAR
POLICE STATION
Annexure A2THE CERTIFIED COPY OF THE AFFIDAVIT
DATED 24/1/2022 FILED BY THE
INVESTIGATION OFFICER IN A REMAND
APPLICATIONBEFORETHE
JURISDICTIONAL MAGISTRATE
Annexure A3THE CERTIFIED COPY OF THE FINAL
REPORT DATED 29/12/2021 SUBMITTED
BY THE GANDHINAGAR POLICE PERSONS
Annexure A4THE TRUE COPY OF THE STATEMENTS
MADE BY CW2 DATED 19/1/2022
Annexure A5THE TRUE COPY OF THE STATEMENTS
MADE BY CW3 DATED 19/1/2022
TRUE COPY
2 issues framed by the court
Whether the prosecution against the petitioner, based mainly on a confession statement of the 2nd accused, can be quashed under Section 482 Cr.P.C.
Whether disputed questions of fact regarding the petitioner's involvement in the robbery permit invocation of Section 482 jurisdiction.
2 provisions across 2 enactments
Adwait S. Nair
Shajeev Vijayan
State of Kerala represented by Public Prosecutor
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court