Supreme Court - Daily Orders
Rajesh vs The State Of Kerala on 11 January, 2019
Bench: L. Nageswara Rao, M.R. Shah
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 63 OF 2019
[ @ Special Leave to Appeal (Crl.) No(s). 851/2014 ]
RAJESH
Appellant(s)
VERSUS
STATE OF KERALA & ORS.
Respondent(s)
O R D E R
Leave granted.
By an order dated 24.10.2013, the High Court refused to quash the proceedings in Crime No. 290/2008 for offences punishable under Sections 363, 342, 420, 506(i) read with Section 34 of the IPC which is pending as CC No. 12/2009 before the Judicial First Class Magistrate Court – II, Thamarassery.
Respondent No.2 complained that she was cheated by the appellant and was wrongfully confined. She also alleged that she was not permitted to contact her family.
We have perused the statement made by respondent No.2 before the Judicial Magistrate of First Class II, Kozhikode on 28.06.2008. When she was produced in the Court, she categorically stated that she was not kidnapped by anybody. Signature Not Verified She further stated that she had accompanied the appellant Digitally signed by SANJAY KUMAR Date: 2019.01.16 15:56:08 IST voluntarily and got married on 26.06.2008 in a temple at Reason: Angadipuram. She also deposed that both of them lived in 1 the house of the appellant’s elder sister.
In the facts and circumstances of the case, we are of the opinion that the proceedings in CC No. 12/2009 before the Judicial First Class Magistrate Court – II, Thamarassery are liable to be quashed and we do so.
Accordingly, the criminal appeal is disposed of.
................J. [L. NAGESWARA RAO] ................J. [M.R. SHAH] NEW DELHI;
JANUARY 11, 2019
2
ITEM NO.41 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO. 63 OF 2019 @ Petition(s) for Special Leave to Appeal (Crl.) No(s). 851/2014 (Arising out of impugned final judgment and order dated 24-10-2013 in CRLMC No. 96/2011 passed by the High Court Of Kerala At Ernakulam) RAJESH Appellant(s) VERSUS STATE OF KERALA & ORS. Respondent(s) (Exemption from filing O.T. and stay) Date : 11-01-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Pravir Chowdhury, Adv.
Ms. Babita Sant, Adv.
Ms. Malini Poduval, AOR For Respondent(s) Mr. G. Prakash, AOR Mr. Jishnu M.L., Adv.
Mrs. Priyanka Prakash, Adv.
Mrs. Beena Prakash, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The criminal appeal is disposed of in terms of the signed order.
Pending application is disposed of. (MEENAKSHI KOHLI) (KAILASH CHANDER) COURT MASTER ASSISTANT REGISTRAR [Signed order is placed on the file] 3