Jose vs State of Kerala

JOSE vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Oct 30, 2023

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https://sooperkanoon.com/case/1378257

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Citation: sooperkanoon.com/1378257
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 30, 2023
Case Number: Crl.MC/6063/2023

Parties & Advocates

Appellant / Petitioner

JOSE

Respondent

State of Kerala

Excerpt

.....residing at kalliduku veedu, changadakadavu, koviloor, amboori, thiruvananthapuram district, ., pin - by adv public prosecutor other present: smt sreeja v, pp this criminal misc. case having come up for admission on 30.10.2023, the court on the same day passed the following: -2-p.v.kunhikrishnan, j.====================================================== ============================================================= dated this the 30th day of october, 2023orderthe above crl.m.c is filed to quash the fir in crime no.273 of 2023 of vellarada police station, registered for the offences punishable under sections 447, 294(b), 324, 326, and 307 ipc and section 27 of the arms act. the case is filed to quash the proceedings based on settlement. since the offence under section 307 ipc and section 27 of the arms act are added in the final report, this court cannot quash the proceedings based on settlement at this stage. the case is under investigation. the petitioner is free to approach this court, if those offences are not included in the final report. granting liberty to the petitioner to file a fresh crl.m.c after the final report is filed, this crl.m.c is closed. sd/- p.v.kunhikrishnan judge das -3- appendix of crl.mc 6063/2023 petitioner annexures annexure a1 the true copy of the fir in crime no: 273 of 2023 of vellarada police station, thiruvananthapuram district dated 4/3/2023 annexure a2 affidavit filed by the 2nd respondent dated 18/7/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 30TH DAY OF OCTOBER 2023 / 8TH KARTHIKA, 1945 CRL.MC NO. 6063 OF 2023 CRIME NO.273/2023 OF Vellarada Police Station, Thiruvananthapuram PETITIONER/S: JOSE, AGED 40 YEARS S/O SAROJAM, RESIDING AT MULAMOOTTIL VEEDU, AMBOORI, KARIKUZHI, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT,, PIN - 695505 BY ADVS. J.R.PREM NAVAZ SUMEEN S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 JOBI AGED 34 YEARS, S/O KRISHNANKUTTY, RESIDING AT KALLIDUKU VEEDU, CHANGADAKADAVU, KOVILOOR, AMBOORI, THIRUVANANTHAPURAM DISTRICT, ., PIN - BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SMT SREEJA V, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 30th day of October, 2023

ORDER

The above Crl.M.C is filed to quash the FIR in Crime No.273 of 2023 of Vellarada Police Station, registered for the offences punishable under Sections 447, 294(b), 324, 326, and 307 IPC and Section 27 of the Arms Act. The case is filed to quash the proceedings based on settlement. Since the offence under Section 307 IPC and Section 27 of the Arms Act are added in the final report, this Court cannot quash the proceedings based on settlement at this stage. The case is under investigation. The petitioner is free to approach this Court, if those offences are not included in the final report. Granting liberty to the petitioner to file a fresh Crl.M.C after the final report is filed, this Crl.M.C is closed. sd/- P.V.KUNHIKRISHNAN JUDGE das -3- APPENDIX OF CRL.MC 6063/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO: 273 OF 2023 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 4/3/2023 Annexure A2 AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 18/7/2023

Same Court & Year Kerala Orders · 2023 Same Parties JOSE vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan