Kerala High Court
Noushar Ban V.P vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
CRL.M.C. NO.8536 OF 2023
S.C. NO.197/2023 OF DISTRICT COURT & SESSIONS COURT, MANJERI
PETITIONER/5TH ACCUSED:
NOUSHAR BAN V.P.,
AGED 38 YEARS, S/O. KADHAR V.P.,
VIKKIRIYANTE PURAKKAL HOUSE,
SUNNATH NAGAR, BEACH ROAD, CHETTIPADI P.O.,
MALAPPURAM DISTRICT, PIN-676 319.
BY ADVS.
C.M.MOHAMMED IQUABAL
KEERTHI JAYAKUMAR
RAIHANATH T.H.
ISTINAF ABDULLAH
P.ABDUL NISHAD
MUHAMMED AMEEN
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 THE STATION HOUSE OFFICER,
PARAPPANANGADI POLICE STATION, PARAPPANANGADI P.O.,
MALAPPURAM DISTRICT, PIN-676 303.
3 FAIZAL,
AGED 43 YEARS, S/O. KUNJIMARAKKAR,
BAPPALINTEPURAKKAL HOUSE,
ALUNGAL BEACH, CHETTIPADI P.O.,
MALAPPURAM DISTRICT, PIN-676 319.
SRI. HRITHWIK C.S., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
CRL.M.C. NO.8536 OF 2023
P.V. KUNHIKRISHNAN, J.
-------------------------------------------------------
Crl.M.C. No.8536 of 2023
------------------------------------------------------
Dated this the 16th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed to quash the
proceedings in S.C. No.197/2023 on the file of the District
and Sessions Court, Manjeri. The offences alleged are
punishable under Sections 323, 324, 307 read with Section
34 of the Indian Penal Code.
2. The specific case of the petitioner is that no overt
act is attributed to the petitioner and therefore, the
prosecution against the petitioner, who is the 5 th accused is
an abuse of process of law. I do not want to make any
observation about the same. The petitioner can raise this
point at the time of framing charge. The petitioner is free
to file a discharge petition and if such a discharge petition
is filed, there can be a direction to consider the same. All
the contentions raised by the petitioner in this Crl.M.C. are
left open.
CRL.M.C. NO.8536 OF 2023
Therefore, this Crl.M.C. is disposed with the following
directions:-
i) The petitioner is free to file a discharge
petition before the trial court within three weeks
from today, if charge is not framed.
ii) If such an application is received, the trial
court will consider the same and pass
appropriate orders in it, after giving an
opportunity of hearing to the petitioner and the
Prosecutor, as expeditiously as possible, at any
rate, within a period of six weeks from the date
of receipt of a copy of the application.
iii) All the contentions raised by the petitioner in
this Crl.M.C. are left open and the petitioner is
free to raise the same before the trial court.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
bpr
CRL.M.C. NO.8536 OF 2023
APPENDIX OF CRL.MC 8536/2023
PETITIONER'S ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
598/2022 OF PARAPPANANGADI POLICE
STATION DATED 23.08.2022
Annexure A2 THE TRUE COPY OF THE ORDER IN
C.M.P.NO.3763/2022 OF JFCM COURT,
PARAPPANANGADI IN CRIME NO. 598/2022 OF
PARAPPANANGADI POLICE STATION DATED
19.09.2022
Annexure A3 THE TRUE COPY OF THE REMAND REPORT IN
CRIME NO. 598/2022 OF PARAPPANANGADI
POLICE STATION DATED 16.09.2022
Annexure A4 THE TRUE COPY OF THE JUDGMENT IN
CRL.M.C.NO.5977/2023 OF THIS HON'BLE
COURT DATED 26.07.2023
Annexure A5 THE TRUE COPY OF THE CHARGE IN CRIME NO.
598/2022 OF PARAPPANANGADI POLICE
STATION DATED 24.12.2022
Annexure A6 THE TRUE COPY OF THE STATEMENT OF 3RD
RESPONDENT IN CRIME NO. 598/2022 OF
PARAPPANANGADI POLICE STATION DATED
24.08.2022
Annexure A7 THE TRUE COPY OF ACCIDENT REGISTER-CUM-
WOUND CERTIFICATE OF 3RD RESPONDENT
ISSUED BY THE ASTER MIMS HOSPITAL,
KOTTAKKAL DATED 23.08.2022
Annexure A8 THE TRUE COPY OF THE MEMORANDUM OF
EVIDENCE IN CRIME NO. 598/2022 OF
PARAPPANANGADI POLICE STATION DATED
24.12.2022
Annexure A9 THE TRUE COPY OF THE STATEMENT OF THE
3RD RESPONDENT IN CRIME NO. 598/2022 OF
PARAPPANANGADI POLICE STATION DATED
27.08.2022
Annexure A10 THE TRUE COPY OF THE STATEMENT OF
CRL.M.C. NO.8536 OF 2023
MR.FAKRUDEEN B.P., S/O. SIDIQUE IN CRIME
NO.598/2022 OF PARAPPANANGADI POLICE
STATION DATED 23.08.2022
Annexure A11 THE TRUE COPY OF THE STATEMENT OF
MR.SADANANDAN P.P., S/O. PARANGODAN, IN
CRIME NO. 598/2022 OF PARAPPANANGADI
POLICE STATION DATED 22.10.2022
Annexure A12 THE TRUE COPY OF STATEMENT OF MR.
SHAJITH P.T., S/O. HYDER P.T., IN CRIME
NO. 598/22 OF PARAPPANANGADI POLICE
STATION DATED 22.10.2022
Annexure A13 THE TRUE COPY OF STATEMENT OF MR.SHUKOOR
B.P., S/O.KUNHIMARAKKAR IN CRIME NO.
598/22 OF PARAPPANANGADI POLICE STATION
DATED 24.08.2022
Annexure A14 THE TRUE COPY OF STATEMENT OF MR. MANAF
P.K., S/O. BEERAN KOYA IN CRIME NO.
598/22 OF PARAPPANANGADI POLICE STATION
DATED 03.09.2022
Annexure A15 THE TRUE COPY OF STATEMENT OF MR.JABIR
K.P., S/O.KOYAMON, IN CRIME NO. 598/22
OF PARAPPANANGADI POLICE STATION DATED
04.09.2022
Annexure A16 THE TRUE COPY OF STATEMENT OF MR.
MUHAMMED NABEEL T., S/O. ABDUL NASAR, IN
CRIME NO. 598/2022 OF PARAPPANANGADI
POLICE STATION DATED 18.09.2022
Annexure A17 THE TRUE COPY OF STATEMENT OF MR. ABDUL
SUBAIR M.P., SRTO, TIRURANGADI IN CRIME
NO. 598/2022 OF PARAPPANANGADI POLICE
STATION DATED 30.09.2022
Annexure A18 THE TRUE COPY OF THE STATEMENT OF MR.
MUHAMMED ASLAM K.P., S/O. SUBAIR, IN
CRIME NO. 598/2022 OF PARAPPANANGADI
POLICE STATION DATED 18.09.2022
Annexure A19 THE TRUE COPY OF THE SEIZURE MAHAZAR IN
CRIME NO. 598/2022 OF PARAPPANANGADI
POLICE STATION DATED 18.09.2022
