Kerala High Court
Muhammed Naseer P.A vs State Of Kerala on 25 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 7879 OF 2018 1
2024:KER:79589
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
CRL.MC NO. 7879 OF 2018
CRIME NO.2710/2018 OF Muvattupuzha Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.1939 OF
2018 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/S:
1 MUHAMMED NASEER P.A
AGED 45 YEARS
S/O.ABDUL AZEEZ, PALLIKKODATHIL HOUSE,
MUVATTUPUZHA.
2 AZAD P.A,
AGED 40 YEARS
S/O. ABDUL AZEEZ, PALLIKKODATHIL HOUSE,
MUVATTUPUZHA
3 BEENA P.A,
AGED 47 YEARS
D/O. ABDUL AZEEZ, PALLIKKODATHIL HOUSE,
MUVATTUPUZHA.
4 KASIM P.M,
AGED 60 YEARS
S/O. MUHAMMED SULAIMAN, PALLIKKODATHIL HOUSE,
MUVATTUPUZHA
BY ADVS.
A.T.ANILKUMAR
SMT.V.SHYLAJA
CRL.MC NO. 7879 OF 2018 2
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RESPONDENT/S:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE,
MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA, PIN 686
661
3 RASEENA PARWEEN M,
AGED 40 YEARS
D/O. MUHAMMED MUSTAFA, DOOR NO. 14, TEACHERS
COLONY, POTHANNUR, SUNDARAPURAM, COIMBATORE 641
024., TAMIL NADU.
BY ADVS.
SRI.E.A.HARIS
SRI.P.K.ABDURAHIMAN (POOLACKAL KARATCHALI)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7879 OF 2018 3
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P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No. 7879 of 2018
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Dated this the 25th day of October, 2024
ORDER
This Criminal Miscellaneous case is filed to quash
Annexure-D FIR in Crime No. 2710/2018 of Muvattupuzha
Police Station. The above case is registered alleging offence
punishable under Sec.498A IPC. The specific case of the
petitioners is that the Podannoor Police Station, Coimbatore
District, Tamil Nadu registered Crime No. 744/2018 for the
same set of facts and the petitioners obtained bail in that case
as evident by Annexure-A order. The contention of the
petitioners is that there cannot be any second FIR based on
the same set of facts. This Criminal Miscellaneous case is
pending before this Court from 2018 onwards. I am of the
considered opinion that the investigating officer in Crime No.
2024:KER:79589
2710/2018 of Muvattupuzha Police Station will enquire about
that fact also and find out whether the first FIR is registered
for the same set of facts. If the first FIR is registered for the
same set of facts, it is a settled law that there cannot be a
second FIR for the same set of facts. The investigating officer
will enquire the same and do the needful, in accordance with
law. The petitioners will produce a certified copy of this order
before the investigating officer.
With the above observation, this Criminal
Miscellaneous case is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:79589
PETITIONER ANNEXURES
ANNEXURE A THE CERTIFIED COPY OF THE ANTICIPATORY
BAIL ORDER PASSED IN CRL MP NO. 2426/18
OF PRINCIPAL SESSIONS COURT, COIMBATORE
ANNEXURE B THE CERTIFIED COPY OF THE COMPLAINT
BEFORE THE SUPERINTNDENT OF POLICE
COIMBATORE AND CITY POLICE COMMISSIONER
COIMBATORE
ANNEXURE C THE COPY OF THE COMPLAINT TO THE
SUPERINTENDENT OF POLICE ALUVA ON
22/9/2018
ANNEXURE D THE TRUE CERTIFIED COPY OF THE FIR IN
CRIME NO 2710/18 OF MUVATTUPUZHA POLICE
STATION
ANNEXURE E THE TRUE COPY OF THE ANTICIPATORY BAIL
ORDER PASSED IN CRL MC NO. 1939/18 OF
PRINCIPAL SESSIONS COURT, ERNAKULAM DATED
17/10/2018
