Dismissed

S.Vincent v. State of Kerala

Kerala HC10 Jul 2024Crl.MC/9963/2023

Case brief

AI extract

What is this about?

The High Court rejected a petition under Section 482 CrPC seeking to quash an FIR and complaint alleging offences including murder and grievous hurt. It held that prima facie prosecution case was supported by statements and medical evidence, requiring trial. The prayer was dismissed and the matter sent for trial.

What did the court decide?

Petition for quashment dismissed; matter directed to go for trial.

S.Vincent Vs State of Kerala — Civil Procedure and Limitation | 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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WEDNESDAY, THE 10^TH DAY OF JULY 2024 / 19TH ASHADHA, 1946

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CRL.MC NO. 9963 OF 2023

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CRIME NO.1310/2017 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM IN SC NO.1818 OF 2019 OF ASSISTANT SESSIONS COURT, NEYYATTINKARA PETITIONER/ACCUSED:

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S.VINCENT, AGED 58 YEARS, ADVOCATE, S/O. SUNDARAM, SANDWANAM, CHAMBAYIL ROAD, NEYYATINKARA P.O., THIRUVANANTHAPURAM, PIN-695121.

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BY ADVS. S.VINOD BHAT ANAGHA LAKSHMY RAMAN V.NAMITHA GREESHMA CHANDRIKA.R

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.

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2 JASEENTHA, AGED 66 YEARS, D/O. KAMALAM, PALLIVILAVEEDU, KAKKARAVILA, KULATHOOR, POZHIYOOR, THIRUVANANTHAPURAM RURAL, PIN-695513.

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R1 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.9963 of 2023

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ORDER

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Dated this the 10^th day of July, 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 by the petitioner, who is the sole accused in Crime No.1310/2017 of Pozhiyoor Police Station, Thiruvananthapuram, now pending as S.C. No.1818/2019 on the files of the Assistant Sessions Court, Neyyattinkara, seeking to quash Annexure A1 FIR and Annexure A2 complaint.

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Heard the learned counsel for the petitioner and the

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learned Public Prosecutor in detail. Perused the relevant records.

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In this matter, the specific case of the prosecution is that the accused herein, who is aggrieved by halting of the Motor Bike of the 2^nd witness on the way available to CW1 and CW2, where the accused also asserts right, criminally trespassed upon the property of the defacto complainant (CW1) at 04.45 p.m. on 03.12.2017 with intention to commit culpable homicide not

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Crl.M.C. No.9963 of 2023

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amounting to murder. Thereafter, the 1^st accused attempted to beat on the head of the defacto complainant by using an iron bar. When the defacto complainant resisted the same by using his left

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hand, he sustained injuries on his left knee. The further allegation in the prosecution is that when the overt acts committed by the petitioner, the defacto complainant sustained fracture on his mandible. This is the base on which the prosecution alleges commission of offences punishable under Sections 452, 294(b), 323, 324, 326, 427 and 308 of the Indian Penal Code.

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The learned counsel for the petitioner vehemently canvassed quashment of the criminal proceedings on the ground that the allegations are false. According to the learned counsel for the petitioner, rivalry in the matter of civil dispute regarding right of way led to the registration of this crime and the prosecution materials do not prima facie show commission of the above offences by the accused.

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Crl.M.C. No.9963 of 2023

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Whereas the learned Public Prosecutor strongly

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opposed quashment on the submission that prima facie prosecution case is made out, supported by the statements of the defacto complainant, CW2 and other witnesses. He also pointed out medical evidence at the instance of CW11 who had issued wound certificates of witness Nos.1 and 2, justifying the prosecution allegations, suggesting fracture also.

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Coming to the prosecution allegations, the very motive behind the crime is halt of the Motor Bike of CW2 on a way belonged to CW1 and CW2, when the accused raises dispute. The prosecution materials would show the allegations prima facie from the statements of injured persons as well as the witnesses. Medical records also would show the prosecution allegations. Thus, prima facie prosecution case is made out and therefore, the matter would require trial. Therefore, the prayer

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for quashment cannot be considered and as such, the matter shall go for trial.

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Crl.M.C. No.9963 of 2023

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8. In the result, this petition is dismissed.

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Registry is directed to forward a copy of this order to the

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trial court, for information and further steps.

Sd/-

A. BADHARUDEEN

JUDGE

bpr

Crl.M.C. No.9963 of 2023

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APPENDIX OF CRL.MC 9963/2023

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PETITIONER'S ANNEXURES

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Annexure A1	CERTIFIED COPY OF FIR DATED 04-12-2017 OF POZHIYOOR POLICE STATION
Annexure A2	CERTIFIED COPY OF FINAL REPORT DATED 28-01-2019
Annexure A3	COPY OF COMPLAINT DATED 04-12-2017 SUBMITTED BY THE 2ND RESPONDENT BEFORE POZHIYOOR POLICE STATION
Annexure A4	COPY OF WOUND CERTIFICATE OF THE 2ND RESPONDENT DATED 03-12-2017
Annexure A5	COPY OF WOUND CERTIFICATE OF
	RAJANEESH, SON OF 2ND RESPONDENT, DATED 03-12-2017
Annexure A6	COPY OF ORDER OF INTERIM INJUNCTION DATED 06-11-2014 IN I.A. 6486/2014 IN O.S.NO.1142/2014 OF 1ST ADDITIONAL MUNSIFF'S COURT, NEYYATTINKARA
Annexure A7	COPY OF COMPLAINT DATED 04-12-2017 SUBMITTED BY THE PETITIONER BEFORE S.I. POLICE, POZHIYOOR
Annexure A8	COPY OF WOUND CERTIFICATE DATED 03-12-2017 OF THE PETITIONER
Annexure A9	COPY OF APPLICATION DATED 26-05-2018 SUBMITTED BY PETITIONER BEFORE S.P. RURAL, THIRUVANANTHAPURAM
Annexure A10	COPY OF APPLICATION DATED 15-09-2018 SUBMITTED BY THE PETITIONER BEFORE DIRECTOR GENERAL OF POLICE
Annexure 11	COPY OF NOTICE DATED 30-01-2019 ISSUED BY S.I. OF POLICE, POZHIYOOR POLICE STATION
Annexure A12	COPY OF REPLY DATED 02-02-2019 SENT BY THE PETITIONER TO ANNEXURE-A11 NOTICE

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Crl.M.C. No.9963 of 2023

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Annexure A13 COPY SUBMI POLIC	OF TTED E ST	R BY ATIO	EPOR S.I. N	T DATED OF POLICE,	05-02-2019 POZHIYOOR
Annexure A14 COPY I.A.4 ADDIT NEYYA	OF T 107/ IONA TTIN	HE 2016 L KARA	ORDE IN	R DATED 29- O.S.1142/2 MUNSIFF'S	02-2020 IN 014 OF 1ST COURT,
Annexure 15 COPY 29-02 787/2 COURT	OF -202 017 , NE	THE 0 OF YYAT	CO IN 1ST TINK	MMON JUDGM O.S.1142/ ADDITIONAL ARA	ENT DATED 2014 AND MUNSIFF'S
Annexure A16 COPY SUBMI	OF TTED	APP BY	LICAT THE	ION DATED PETITIONER	25-08-2023
Annexure A17 COPY ANNEX	OF URE-	REP A16	LY	DATED 26-0	9-2023 TO

S.Vincent v. State of Kerala

Case brief

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S.Vincent v. State of Kerala

Case brief

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