Markose Vs. State of Kerala

Markose vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 20, 2012

~2 min read

https://sooperkanoon.com/case/1009649

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1009649
Court: Kerala High Court
Judge: Honourable Mr.Justice S.S.Satheesachandran
Decided On: Dec 20, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Markose

Respondent

State of Kerala

Excerpt

.....of pw-2 dated 24 6.2011. annexure-v : copy of the deposition of pw-3 dated 24 6.2011 annexure-vi : copy of the judgment dated 10 8.2011 in co no.817/2005 of judicial first class magistrate court-ii neyyattinkara. respondent's exhibits:- nil //true copy// p.a. to judge sp s. s. satheesachandran, j.--------------------------------------- crl. m.c. no. 3530 of 2012 --------------------------------------- dated this the 20th day of december, 2012. order petitioner is the accused in a split up case. he remained at large when the trial proceeded against the co-accused, in which indictment in common was made against the accused for offences punishable under sections 447, 324 and 326 read with section 34 of the indian penal code on a report filed by the police. petitioner seeks quashing of the criminal proceedings against him in the split up case on the basis of order of acquittal rendered in favour of the co- accused, who faced the trial. that plea made cannot be accepted. the de facto complainant has also agreed to compound the offence, is the further submission made. having regard to the fact that one among the offences, in section 326 is non-compoundable, that plea also cannot be accepted. petition dismissed. s. s. satheesachandran judge sp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S. SATHEESACHANDRAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Crl. MC. No. 3530 of 2012 -------------------------- CC NO.680/2011 of J.M.F.C.-II,NEYYATTINKARA PETITIONER: ---------- MARKOSE, AGED 4 YEARS S/O. JABA PILLAI, M.S. BHAVAN, KAMBARAKATTU AYIRA P.O., CHENKAL VILLAGE. BY ADVS. SRI. S.V. PREMAKUMARAN NAIR SRI. R.T. PRADEEP RESPONDENT: ---------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. R. REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 3530 of 2012 APPENDIX PETITIONER'S EXHIBITS:- ANNEXURE-I : COPY OF THE COMPROMISE PETITION DATED 14 2.2011 FILED BY THE PETITIONER ANNEXURE-II : COPY OF THE APPLICATION DATED 14 2.2011 FILED BY PW-1 TO DROP THE PROSECUTION ANNEXURE-III: COPY OF THE DEPOSITION OF PW-1 DATED 14 2.2011 ANNEXURE-IV : COPY OF THE DEPOSITION OF PW-2 DATED 24 6.2011. ANNEXURE-V : COPY OF THE DEPOSITION OF PW-3 DATED 24 6.2011 ANNEXURE-VI : COPY OF THE JUDGMENT DATED 10 8.2011 IN CO NO.817/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II NEYYATTINKARA. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE sp S. S. SATHEESACHANDRAN, J.

--------------------------------------- Crl. M.C. No. 3530 of 2012 --------------------------------------- Dated this the 20th day of December, 2012. ORDER

Petitioner is the accused in a split up case. He remained at large when the trial proceeded against the co-accused, in which indictment in common was made against the accused for offences punishable under Sections 447, 324 and 326 read with Section 34 of the Indian Penal Code on a report filed by the police. Petitioner seeks quashing of the criminal proceedings against him in the split up case on the basis of order of acquittal rendered in favour of the co- accused, who faced the trial. That plea made cannot be accepted. The de facto complainant has also agreed to compound the offence, is the further submission made. Having regard to the fact that one among the offences, in Section 326 is non-compoundable, that plea also cannot be accepted. Petition dismissed. S. S. SATHEESACHANDRAN JUDGE sp

Same Court & Year Kerala · 2012 Same Parties Markose vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice S.S.Satheesachandran