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Yousef P.P. vs State Of Kerala on 4 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

Crl.MC.No. 578 of 2019

IN SC NO.292/2018 ON THE FILES OF THE ADDITIONAL DISTRICT AND
SESSIONS COURT-I, THALASSERY

CRIME NO.1788/2016 OF PANUR POLICE STATION, KANNUR

PETITIONERS/ACCUSED:

1 YOUSEF P.P., AGED 33 YEARS,
S/O.MAMMU, PULIYULLA PAREMMAL HOUSE,
THIRUVAL PALLI, POST PANOOR, THALASSERY TALUK, KANNUR
DISTRICT.

2 KHADEEJA P.P., AGED 50 YEARS,
W/O.MAMMU, PULIYULLA PAREMMAL HOUSE,
THIRUVAL PALLI, POST PANOOR, THALASSERY TALUK, KANNUR
DISTRICT.

3 SAFIYA P.V., AGED 40 YEARS,
W/O.MUSTAFA,PULIYULLA PAREMMAL HOUSE,
THIRUVAL PALLI, POST PANOOR, THALASSERY TALUK, KANNUR
DISTRICT.

BY ADV. SRI.ANILKUMAR V. (VAZHARAMBIL)

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

2 THE STATION HOUSE OFFICER,
PANOOR POLICE STATION, POST PANOOR, KANNUR DISTRICT,
PIN-670692.

3 RAYEES K., AGED 32 YEARS,
S/O.MUSTAFA, PULIYULLA PARAMBATH HOUSE,
POST CHENDAYAD, PANOOR, THALASSERY TALUK,
KANNUR DISTRICT, PIN-670692.
CRL.MC:578/19 2

OTHER PRESENT:
SRI. AMJAD ALI SR. PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:578/19 3

ORDER

This petition is filed under Section 482 of the Cr.P.C.

2. The petitioners herein are the accused Nos.1 to 3 in

S.C. No.292 of 2018 on the files of the Additional District and

Sessions Court-I, Thalassery. In the aforesaid case, they stand

indicted for having committed offences punishable under Sections

498A and 201 r/w. Section 34 of the IPC.

3. Heard the learned counsel appearing for the petitioners

and the learned Public Prosecutor.

4. The petitioner has produced voluminous documents

before this Court to substantiate his contention that the

proceedings against him is liable to be terminated at the threshold

itself. It is submitted by the learned counsel that the materials

collected by the Investigating officer will not make out the

offences alleged against the petitioner.

5. The legal position is well-settled that when a prosecution

at the initial stage is asked to be quashed, the test to be applied
CRL.MC:578/19 4

by the Court is, as to whether uncontroverted allegations as made

in the complaint establish the offence. While exercising powers

under Section 482 of the Code, this Court will have to refrain from

analysing the materials which are yet to be adduced and seen in

their true perspective. Power is to be used sparingly only in rare

cases and should not be exercised to stifle a legitimate

prosecution. I refrain from passing opinion on the merits of the

allegations at this stage lest it affects the case of either the

prosecution or the accused.

6. All the submissions made at the Bar relate to disputed

question of fact, which cannot be adjudicated upon by this Court

under Section 482 of the Code. At this stage, only prima facie

case is to be seen in the light of the law laid down by Supreme

Court in case of R.P. Kapur v. State of Punjab (AIR 1960 SC

866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426),

State of Bihar v. PP Sharma (1992 SCC (Cr.) 192), Zandu

Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and

another (2005 SCC (Cr.) 293) and more recently in Tilly Gifford

v. Michael Floyd Eshwar and Another (AIR 2017 SC 3823).

Furthermore, if the petitioners have a case that the charge against
CRL.MC:578/19 5

them is groundless, they can always raise their contentions before

the learned Sessions Judge where the case is pending and seek

for discharge. If an application for discharge is filed, the court

below shall consider the same and pass appropriate orders

expeditiously and on its its merits, within a period of two months

from the date of production of a copy of this order.

Reserving such right, this petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj

//TRUE COPY// P.A. TO JUDGE
CRL.MC:578/19 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR NO.1788/2018 OF
PANOOR POLICE DATED 24.12.2018.

ANNEXURE A2 THE TRUE COPY OF THE INQUEST REPORT DATED
24.12.2018 PREPARED BY TAHASILDAR,
THALASSERY.

ANNEXURE A3 THE TRUE COPY OF THE POST MORTEM REPORT
DATED 26.02.2018 PREPARED BY PROFESSOR OF
FORENSIC MEDICINE, PARIYARAM MEDICAL
COLLEGE, KANNUR.

ANNEXURE A4 THE TRUE COPY OF SCENE MAHAZAR DATED
25.12.2018 PREPARED BY PANOOR POLICE.

ANNEXURE A5 THE TRUE COPY OF SEIZURE MAHAZAR DATED
25.12.2018 PREPARED BY PANOOR POLICE.

ANNEXURE A6 THE TRUE COPY OF FINAL REPORT DATED
19.06.2017 PREPARED BY PANOOR POLICE.

ANNEXURE A7 THE TRUE COPY OF MEMO OF EVIDENCE DATED
19.06.2017 PREPARED BY PANOOR POLICE.

ANNEXURE P8 THE STATEMENT OF RAYEES, PULIYULLA
PARAMBATH, CHENDAYAD.

ANNEXURE A9 THE STATEMENT OF ABDUL SALEEM,
S/O.KUNHAMMED, PUTHALATH HOUSE, CHENDAYAD.

ANNEXURE A10 THE STATEMENT OF KHADEEJA V.P.,
W/O.KUNHAMMED, PUTHALATH HOUSE, CHENDAYAD.

ANNEXURE A11 THE STATEMENT OF SALEENA P, W/O.MAHABOOB,
PUTHALATH HOUSE, CHENDAYAD.

ANNEXURE A12 THE STATEMENT OF SHAHANAZ V., W/O.ANSAR,
PUTHALATH HOUSE, CHENDAYAD.

ANNEXURE A13 THE STATEMENT OF BUSHRA P., W/O.HUSAIN,
CHUNDAM PUNATHIL HOUSE, IRINGANNUR.

ANNEXURE A14 THE STATEMENT OF SAMEERA P., W/O.ISHAQ,
IYYAMKATTIL HOUSE KALLIKANDY.

CRL.MC:578/19 7

ANNEXURE A15 THE STATEMENT OF SAFEERA P., W/O.ALI,
KIZHAKKAYIL HOUSE, CHEKKYAD.

ANNEXURE A16 THE STATEMENT OF YOUSAF V.P., S/O.ABDULLA,
SAHANAM, CHENDAYAD IS PRODUCED.

ANNEXURE A17 THE STATEMENT OF MUNEER V.P., S/O.MOOSA,
VALLIYAYI PEEDIKAYIL, CHENDAYAD.

ANNEXURE P18 THE STATEMENT OF SAMEER M., S/O.KUNHAMMED,
MOYILOLLATHIL HOUSE, ELANGODE.

ANNEXURE A19 THE STATEMENT OF ASHRAF N., S/O.KUNHAMMED,
THATTAYIL HOUSE, MOKERY.

ANNEXURE A20 THE STATEMENT OF KHALIL C.K., S/O.AHAMMED
V.P., CHERUKANDOTH HOUSE, CHENDAYAD.

ANNEXURE A21 THE STATEMENT OF ABDUL RAZAK, S/O.MOIDEEN,
THIRUVALIL HOUSE, ELANGODE.

ANNEXURE A22 THE STATEMENT OF SANTHOSH, S/O.KUMARAN,
MOTTEMMAL, PANOOR, ELANGODE.

ANNEXURE A23 THE STATEMENT OF DR.GOPALA KRISHNA PILLAI,
PROFESSOR OF FORENSIC MEDICINE, PARIYARAM
MEDICAL COLLEGE.

ANNEXURE A24 THE STATEMENT OF DR.SONAM, CASUALITY
MEDICAL OFFICER, INDIRA GANDHI HOSPITAL
THALASSERY.

ANNEXURE A25 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
KHADEEJA THE MOTHER OF SHAKEELA DATED
29.05.2018.

ANNEXURE A26 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
SALEENA P., THE SISTER OF SHAKEELA DATED
29.05.2018.

ANNEXURE A27 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
SAFEERA P., THE SISTER OF SHAKEELA DATED
29.05.2018.

ANNEXURE A28 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
SHAHANAZ V., THE SISTER OF SHAKEELA DATED
29.05.2018.

ANNEXURE A 29 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
SAMEERA P. THE SISTER OF SHAKEELA DATED
CRL.MC:578/19 8

29.05.2018.

ANNEXURE A30 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
BUSHARA P. THE SISTER OF SHAKEELA DATED
29.05.2018.

ANNEXURE A31 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
ABDULSALEEM DATED 29.05.2018.

ANNEXURE A32 THE TRUE COPY OF AFFIDAVIT EXECUTED BY
RAYEES DATED 29.05.2018.

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