Shaheed K vs the State of Kerala

Shaheed K vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 22, 2024

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Citation: sooperkanoon.com/1314043
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Mar 22, 2024
Case Number: Crl.MC/10089/2023

Parties & Advocates

Appellant / Petitioner

Shaheed K

Respondent

The State of Kerala

Excerpt

.....the 22nd day of march, 2024orderin this petitoin under section 482 of cr.p.c. petitioners challenge annexure 1 fir registered in crime no. 852 of 2023 of nedumbassery police station.2. as per the fir, the accused had, on 14-11-2023,kidnapped the defacto complainant from the parking area of the international airport at kochi who was carrying three capsules of smuggled gold from dubai and committed dacoity by robbing of the gold and thereby committed the offences under section 365 and 395 of the indian penal code, 1860.3. since the petitioners alleged that the defactocomplainant had never given any statement as alleged in the fir, this court had, on 24-11-2023, directed a report to be submitted to this court by the superintendent of the police, aluva rural, who was suo mottu impleaded as additional 3rd respondent.4. pursuant to the above order, a report has been filed bythe said officer, pointing out that the allegation that no statement was recorded by the police from the 2 nd respondent is false and that there was nothing to show that the registration of the crime was false. it was further stated that the investigation has not yet been completed and the stolen gold is yet to be recovered. the report also mentions that there was a joint action on the part of the accused and the defacto complainant to cheat the government to acquire illegal monetary benefits by indulging in smuggling activities having international ramifications.5. i have heard sri. deepak raj, the learned counsel for the petitioners as well as smt.sreeja v., the learned public prosecutor.6. the allegations in the fir indicate that the accused hadkidnapped the defacto complainant and robbed him of three capsules of gold after forcing him into a bathroom at a lodge in aluva. the allegations are serious in nature. as noticed from the report of the superintendent of police (aluva rural) there is a possibility of smuggling activities with international ramifications. when allegations of such a serious.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 CRIME NO.852/2023 OF NEDUMBASSERY POLICE STATION, Ernakulam PETITIONERS/ACCUSED NOS. 1 TO 7:

1 SHAHEED K AGED 24 YEARS S/O MUHAMMED, SHANA MANZIL, KAVUMPADY, THILLENKERI, KANNUR DISTRICT, PIN - 670702 2 SWARALAL K AGED 36 YEARS S/O ULLAS, DWANI SWARASRUTHI, LEKSHAM VEEDU, PALAPARAMBU, MANNATTIDAM, NIRAMALAGIRI, KANNUR DISTRICT, PIN - 670701 3 ANEES C K AGED 34 YEARS S/O IBRAHIMP K HIBHA MANZIL (H), MANANNATTIDAM, NIRAMALAGIRI, KANNUR DISTRICT, PIN - 670701 4 SUJI C AGED 33 YEARS S/O RAJENDRAN, KUNDARINJAL, THILLENKERI, KANNUR DISTRICT, PIN - 670702 5 RAJIL RAJ A AGED 30 YEARS S/O RAJAN, PAZHAYAPURAYIL, THILLENKERI, KANNUR DISTRICT, PIN - 670702 6 SREEKANTH K P AGED 30 YEARS S/O LAKSHMANAN K P, KURUKKANPARAMBIL, PALAPUZHA, KAKKAYANGAD, KANNUR DISTRICT, PIN - 670703 7 SAVAD K AGED 33 YEARS S/O SHAKKER K, THARAKKAND HOUSE, NELLIYATTERI, ULIYIL, THILLANKERI, KANNUR DISTRICT, PIN - 670702 BY ADV DEEPAK RAJ

RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 NIYAS BASHEER K AGED 23 YEARS S/O K.V. BASHEER, KUNNATHUVALAPPIL HOUSE, ANDIPPATTIYIL, KOTTAPADI (P O),CHAVAKKAD, THRISSUR DISTRICT, PIN - 680505 3 SUPERINTENDENT OF POLICE ALUVA RURAL

(*ADDTIONAL R3 IS IMPLEADED AS PER ORDER

DATD 24-11-2023 4 THE MANAGING DIRECTOR COCHIN INTERNATIONAL AIRPORT LTD, NEDUMBASSSERY, ERNAKULAM DISTRICT 683111

*(ADDTIONAL R3 IS IMPLEADED AS PER ORDER

DATD 24-11-2023 AND ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 12-12-2023)* OTHER PRESENT: SMT. SREEJA V. (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------- Crl.M.C.No. 10089 of 2023 ---------------------------------------- Dated this the 22nd day of March, 2024

ORDER

In this petitoin under Section 482 of Cr.P.C. petitioners challenge Annexure 1 FIR registered in Crime No. 852 of 2023 of Nedumbassery Police Station.

2. As per the FIR, the accused had, on 14-11-2023,

kidnapped the defacto complainant from the parking area of the International Airport at Kochi who was carrying three capsules of smuggled gold from Dubai and committed dacoity by robbing of the gold and thereby committed the offences under Section 365 and 395 of the Indian Penal Code, 1860.

3. Since the petitioners alleged that the defacto

complainant had never given any statement as alleged in the FIR, this Court had, on 24-11-2023, directed a report to be submitted to this Court by the Superintendent of the Police, Aluva Rural, who was suo mottu impleaded as additional 3rd respondent.

4. Pursuant to the above order, a report has been filed by

the said officer, pointing out that the allegation that no statement was recorded by the police from the 2 nd respondent is false and that there was nothing to show that the registration of the crime was false. It was further stated that the investigation has not yet been completed and the stolen gold is yet to be recovered. The report also mentions that there was a joint action on the part of the accused and the defacto complainant to cheat the Government to acquire illegal monetary benefits by indulging in smuggling activities having International ramifications.

5. I have heard Sri. Deepak Raj, the learned counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

6. The allegations in the FIR indicate that the accused had

kidnapped the defacto complainant and robbed him of three capsules of gold after forcing him into a bathroom at a lodge in Aluva. The allegations are serious in nature. As noticed from the report of the Superintendent of Police (Aluva Rural) there is a possibility of smuggling activities with International ramifications. When allegations of such a serious nature are raised, jurisdiction under Section 482 cannot be invoked to quash the proceedings. Accordingly, I dismiss this Crl.M.C. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 10089/2023 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 852/2023 OF NEDUMBASSERY AIRPORT POLICE STATION Annexure II A TRUE COPY OF THE INSTAGRAM POST DATED 22.02.2021 POSTED BY THE DEFACTO COMPLAINANT ON HIS INSTAGRAM ACCOUNT Annexure III ORIGINAL AFFIDAVIT DATED 20.11.2023 SWORN BY THE 2ND RESPONDENT/ DE FACTO COMPLAINANT Annexure IV A TRUE COPY OF THE ORDER DATED

04.12.2023 IN CRL.MC NO: 3447/2023 PASSED BY THE HON'BLE ADDITIONAL DISTRICT SESSIONS COURT, ERNAKULAM Annexure V A TRUE COPY OF THE REPRESENTATION DATED 06.12.2023 SUBMITTED BY THE 2ND RESPONDENT TRUE COPY

Same Court & Year Kerala Orders · 2024 Same Parties Shaheed K vs The State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas