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Saleem C H vs State Of Kerala on 14 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

Crl.MC.No.8822 OF 2019(C)

AGAINST THE ORDER/JUDGMENT IN CC 601/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -V,KOZHIKODE

CRIME NO.276/2018 OF Beypore Police Station , Kozhikode

PETITIONER:

SALEEM C H,
AGED 54 YEARS
S/O. HAMSA, KANAKAVEL GADEN, ALAPPUZHA.

BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

2 THE STATION HOUSE OFFICER
BEYPORE POLICE STATION, KOZHIKODE-673 015.

3 SAFREENA BAITH
AGED 36 YEARS
D/O. AKBAR SHAH, MEENCHANDA, ARTS COLLEGE P.O.,
BEYPORE, KOZHIKODE-673 015.

SANTHOSH PETER

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8822 OF 2019(C)

2

O R D E R

Dated this the 14th day of January 2020

This is a proceedings under Section 482 of the Code of

Criminal Procedure seeking orders to quash the Final Report in CC No.

601/2019 on the files of the Judicial Magistrate of the First Class V,

Kozhikode. The petitioner is accused in the case, registered under

Section 498A of the Indian Penal Code. The case aforesaid is one

registered on a complaint lodged by the third respondent, the wife of

the petitioner, alleging that the petitioner has subjected her to cruelty

during the period when she was residing with the petitioner.

2. Heard the learned counsel for the petitioner as also

the learned Public Prosecutor.

3. I have perused the statement given by the third

respondent, on the basis of which the crime was registered and also

the evidence collected by the investigating agency. The case set out

by the petitioner is only that the allegations are false. The petitioner

has no case that the allegations, if true, would not make out a case

under Section 498A of the Indian Penal Code. The correctness or

otherwise of the allegations is not a matter to be looked into in a

proceedings of this nature. It is a matter to be seen at the time of trial.
Crl.MC.No.8822 OF 2019(C)

3

In the said view of the matter, there is no merit in the Crl.

MC and the same is, accordingly, dismissed.

Sd/-

P.B.SURESH KUMAR

Nsd JUDGE
//true copy//
PA to Judge
Crl.MC.No.8822 OF 2019(C)

4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT

IN CRIME NO.276/2018 OF BEYPORE POLICE
STATION DATED 4.12.2018.

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.276/2018 OF BEYPORE POLICE STATION
PENDING AS C.C.NO.601/2019 IN JUDICIAL
FIRST CLASS MAGISTRATE COURT V, KOZHIKODE.

ANNEXURE A3 TRUE COPY OF MEMORANDUM OF EVIDENCE IN
CRIME NO.276/2018 OF BEYPORE POLICE
STATION.

ANNEXURE A4 TRUE COPY OF STATEMENTS OF CWS 1 TO 10 IN
CRIME NO.276/2018 OF BEYPORE POLICE
STATION.

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