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Abdul Basheer vs State Of Kerala on 17 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941

Crl.MC.No.6298 OF 2017

AGAINST THE ORDER/JUDGMENT IN CC 1508/2016 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, MALAPPURAM

CRIME NO.258/2016 OF Vengara Police Station, Malappuram

PETITIONERS:

1 ABDUL BASHEER
S/O. ZAINLABUDEN, AGED 63 YEARS,’MARAHABA’,
OOTTUKUZHY VAZHAVU, PALLIMUKKU, NEDUMANGAD TALUK
THIRUVANANTHAPURAM 695 541

2 LYLA BEEVI
AGED 60 YEARS, W/O. ABDUL BASHEER,’MARAHABA’,
OOTTUKUZHY VAZHAVU, PALLIMUKKU, NEDUMANGAD TALUK
THIRUVANANTHAPURAM 695 541

3 SHIBIDA
AGED 34 YEARS, D/O. ABDUL BASHEER,’MARAHABA’,
OOTTUKUZHY VAZHAVU, PALLIMUKKU, NEDUMANGAD TALUK
THIRUVANANTHAPURAM 695 541

BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SRI.M.D.SASIKUMARAN
SHRI.SUNIL KUMAR A.G
SRI.SETHURAM DHARMAPALAN

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE
VENGARA POLICE STATION, MALAPPURAM DISTRICT 676 305
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031

2 RAZEENA
AGED 32 YEARS, D/O. KAMMU,PULICKALTHAIPARAMBIL,
KUTTOOR NORTH P.O,KUNNUMPURAM, KODAKALLU, VENGARA,
MALAPPURAM DISTRICT 676 305
Crl.MC.No.6298 OF 2017 2

3 SHAMEEM
S/O. ABDUL BASHEER, AGED 38 YEARS,’MARAHABA’,
OOTTUKUZHY VAZHAVU, PALLIMUKKU, NEDUMANGAD
TALUKTHIRUVANANTHAPURAM 695 541

BY ADV.
SRI.VINOD VALLIKAPPAN
BY RAZEENA(PARTY IN PERSON)

SRI C. S BREEZE SR PP

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6298 OF 2017 3

P.B. SURESH KUMAR, J.
————————————
Crl.M.C No.6298 of 2017
————————————-
Dated this the 17th day of January 2020

ORDER

This is a proceedings instituted under Section 482

of the Code of Criminal Procedure, seeking orders quashing

the final report and all further proceedings in C.C.No.1508 of

2016 on the files of the Judicial First Class Magistrate Court,

Malappuram.

2. The case is one instituted upon a police report

under Sections 498A and 406 read with 34 of the Indian Penal

Code. The petitioners are accused Nos.2 to 4 in the case.

Among them, accused Nos.2 and 3 are the parents of the first

accused and accused No.4 is the sister of the first accused.

The case of the petitioners is that the materials placed on

record as part of the final report do not disclose the offences

alleged against the petitioners.

3. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for

the de facto complainant, namely the second respondent.
Crl.MC.No.6298 OF 2017 4

4. I have meticulously examined the materials on

record. I am unable to find any material to make out a case

under Sections 498A and 406 read with 34 of the Indian Penal

Code as against the petitioners. The allegation against the

petitioners is vague and sketchy. I am not referring to the final

particulars of the matter as it is fairly conceded by the learned

counsel for the de facto complainant namely the second

respondent that the allegations do not make out a case for

offences punishable under Sections 498A and 406 read with

Section 34 of Indian Penal Code as against the petitioners.

In the circumstances, all further proceedings in

CC.No.1508 of 2016 on the files of the Judicial First Class

Magistrate Court, Malappuram as against the petitioners are

quashed. The court below is free to proceed with the case as

against the first accused.

Sd/-

P.B.SURESH KUMAR

JUDGE

ska
Crl.MC.No.6298 OF 2017 5

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIR DTD 13-06-2016 IN CR. NO
258 OF 2016 OF VENGARA POLICE STATION,
MALAPPURAM DISTRICT

ANNEXURE A2 TRUE COPY OF STATEMENT GIVEN BY THE 2ND
RESPONDENT ON 13-06-2016 IN ANNX.AI

ANNEXURE A3 TRUE COPY OF FINAL REPORT DTD 09-09-2016
FILED BY THE 1ST RESPONDENT IN ANNX.A1

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