Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Neutral Citations
2020 KER 5003
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 324 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
  • Section 482 of the Code of Criminal Procedure
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Neutral Citations
2020 KER 5003
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 324 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
  • Section 482 of the Code of Criminal Procedure
To access the original judgment, please Sign In or Subscribe.

    MUHAMMED KABEER v. STATE OF KERALA

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941 Crl.MC.No.4640 OF 2019(H)

    AGAINST THE ORDER/JUDGMENT IN CC 993/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

    CRIME NO.177/2018 OF Karuvarakundu Police Station , Malappuram

    PETITIONER/ACCUSED:

    MUHAMMED KABEER, AGED 47 YEARS

    S/O.MOIDEEN KUTTY, PUTHOOR HOUSE, AKKARAPPURAM,

    MALAPPURAM DISTRICT

    BY ADVS.

    SRI.C.A.NAVAS

    SRI.T.K.SASIKUMAR

    RESPONDENTS/COMPLAINANTS:

    1 STATE OF KERALA

    REPRESENTED BY THE PUBLIC PROSECUTOR

    HIGH COURT OF KERALA, ERNAKULAM 682031.

    2 SUB INSPECTOR OF POLICE

    KARUVARAKUND POLICE STATION,

    MALAPPURAM DISTRICT 687601

    3 SHABEEB, MINOR, AGED 10YEARS,

    REPRESENTED BY HIS FATHER ABDUL SALAM,

    S/O POKKAR, MANNUKUNNAN HOUSE, THUVVUR AMSOM, THUVVUR.P.O., MALAPPURAM DISTRICT PIN - 679 327

    R3 BY ADV. SRI.K.I.SAGEER

    BY PUBLIC PROSECUTOR SRI. T.R. RENJITH

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

    ON 27.01.2020, THE COURT ON THE SAME DAY PASSED THE

    FOLLOWING:

    1

    -2-

    Crl.M.C.No.4640 of 2019 -----------------------------------

    O R D E R

    This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018.

    2. The petitioner is the accused in the said case. The case was one registered under Section 324 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

    3. The accusation is that the accused who is the teacher of the victim boy has hit him using a stick when the victim boy failed to obey his direction to recite Quran.

    4. It is seen that the parents of the victim boy have no grievance against the accused and the father of the victim boy has filed an affidavit to that effect in this proceedings.

    5. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the father of the victim boy.

    -3-

    6. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, [(2012) 10 SCC 303], invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.

    In the result, the Crl.M.C. is allowed and Annexure-A2 Final Report pending trial before the Judicial First Class Magistrate Court-I, Manjeri in C.C.No. 993 of 2018 and all further proceedings thereto are quashed.

    Sd/-

    P.B.SURESH KUMAR

    JUDGE

    ds 28.01.2020

    -4-

    APPENDIX

    PETITIONER'S/S EXHIBITS:

    ANNEXURE A1 CERTIFIED COPY OF FIR CRIME NO.

    177/2018 OF KARUVARAKUND POLICE STATION

    ALONG WITH COMPLAINT

    ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN

    CC NO.993/2018 OF JFCM COURT-1, MANJERI

    ANNEXURE A3 THE CERTIFIED COPY OF SCENE MAHSAR

    FILED IN CC NO.993/2018 OF JFCM COURT-

    1, MANJERI

    ANNEXURE A4 THE CERTIFIED COPY OF WOUND CERTIFICATE

    FILED IN CC NO.993/2018 OF JFCM COURT-

    1, MANJERI

    ANNEXURE A5 TRUE COPY OF CONSENT LETTER ATTESTED BY

    GAZETTED OFFICER DATED 23.10.2019.

    ANNEXURE A6 TRUE COPY OF CONSENT LETTER ATTESTED BY

    GAZETTED OFFICER DATED 23.10.2019.

    ANNEXURE A7 TRUE COPY OF ORIGINAL AFFIDAVIT DATED

    25-10-2019.

    Use AI to get other relevant cases.

    Comments

    MUHAMMED KABEER v. STATE OF KERALA
    (Jan 27, 2020)