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High Court of KeralaCrl.MC/496/2015dismissed

Lalji v. State Of Kerala

2015-01-23Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 Crl.MC.No. 496 of 2015 -------------------------- CRIME NO. 2636/2014 OF CHERTHALA POLICE STATION , ALAPPUZHA PETITIONER:

------------------ LALJI, AGED 26 YEARS W/O.BALACHANDRAN RESIDING AT MANGASHERI HOUSE POOCHACKAL PO CHERTHALA, ALAPPUZHA DISTRICT.

BY ADV. SRI.M.M.NIAS RESPONDENTS/STATE & COMPLAINANT:

------------------------------------------------------- 1.

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR 2.

RATHI MURALEEDHARAN, W/O.MURALEEDHARAN, AGED 54 THAYSHERI HOUSE, CMC-3, CHERTHALA PO ALAPPUZHA DISTRICT.

R2 BY ADV. SRI.AJOY VENU R1 BY PUBLIC PROSECUTOR, SHRI JIBU P THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 496 of 2015 APPENDIX PTITIONER'S EXHIBITS:

ANNEX.1 : TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.2636/2014 OF CHERTHALA POLICE STATION. ANNEX.2 : NOTARY ATTESTED AFFIDAVIT SIGNED BY 2ND REPONDENT DT.8.1.2015.

RESPONDENTS' EXHIBITS : NIL // TRUE COPY // PA to Judge dl

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Crl.M.C. No.496 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January 2015

ORDER

The accused in Crime No.2636/2014 of the Cherthala Police Station, registered for the offence under Section 511 of 379 of the Indian Penal Code, has come up with the petition under Section 482 of Code of Criminal Procedure, for getting the proceedings against her, quashed.

2. The allegation against the petitioner is that she had attempted to snatch away a gold chain from the neck of a 3 year old girl, who is the grand daughter of the de-facto complainant. It seems that she was caught red handed.

3. The allegations against the petitioner are very grave and serious. This is not a fit case wherein the proceedings can be

Crl.M.C.496/2015 quashed under Section 482 of Code of Criminal Procedure.

4. It seems that the offence alleged against the petitioner is one under Section 379 of the Indian Penal Code. If the offence continues to be the one under Section 379 of the Indian Penal Code after the investigation, the parties can well compound the offence before the court below.

With the above said observations, this Crl.M.C. is dismissed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge