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Documents citing Babeesh @ Babin Kumar vs S.I.Of Police on 14 August, 2008

Jagarajan @ Jayan vs State Of Kerala on 5 December, 2008

9. I have adverted to this aspect of the matter in the decisions in Santhoshkumar v. Mohanan (2008 (3) KLT 461 and Babeesh @ Babin Kumar v. S.I. of Police (2008 (3) KHC 713). I am satisfied, in the facts and circumstances, that it is impossible to come to a conclusion that the dispute is one which is private and personal between the parties. Going by the materials collected, it is political animosity which has prompted the accused persons to trespass into the residential building of the victims after making sufficient prior preparations and to indulge in the acts of violence.
Kerala High Court Cites 12 - Cited by 0 - R Basant - Full Document

P.S. Thambi @ Dundannur Thambi vs The State Of Kerala on 28 October, 2008

Following the decisions in Babeesh @ Babin Kumar v. S.I. of Police [2008(3) KHC 713] and Santhosh v. State of Kerala [2008 (3) KLT 240], the case against the petitioner cannot be brought to premature termination, submits the learned Prosecutor. Against the petitioner there are as many as nine other cases charged. He is included in the roudy list of the concerned police station also. Notwithstanding the fact that some of these cases have ended in acquittal, the powers under Section 482 Cr.P.C may not be invoked in favour of the petitioner, it is prayed.
Kerala High Court Cites 4 - Cited by 0 - R Basant - Full Document

Sameer vs Chathu on 28 October, 2008

3. Notice was given to the learned Prosecutor. The learned Prosecutor opposes the application. Learned Prosecutor submits that the offences are not compoundable and notwithstanding the alleged composition of the offences by the defacto complainant/victim, the State is unable to agree that the prosecution can be brought to premature termination. Extensive loss have been caused to the restaurant frequented by the members of the public. It was an open act of violation of law with political motive which had allegedly triggered the incident and the learned Public Prosecutor submits that in a democratic country wedded to rule of law, composition of non-compoundable offences committed on the basis of political animosity and ill will deserves to Crl.M.C. No. 3854 OF 2008 -:3:- be frouned upon. Learned Public Prosecutor points out that this Court has already considered and expressed that caution and reservation which must be exercised before the application for composition of a non-compoundable offence is accepted by the Court. The decisions in Babeesh @ Babin Kumar v. S.I. of Police [2008(3) KHC 713] and Santhosh v. State of Kerala [2008 (3) KLT 240] are referred to by the learned Prosecutor.
Kerala High Court Cites 5 - Cited by 0 - R Basant - Full Document

Sajeesh Kumar @ Steel Aji vs The State Of Kerala on 28 October, 2008

3. I have considered all the relevant inputs. I have adverted in Babeesh @ Babin Kumar v. S.I. of Police [2008(3) KHC 713] and Santhosh v. State of Kerala [2008 (3) KLT 240] to the care and caution that have to be employed before applying the dictum in Madan Mohan Abbot V. State of Punjab [2008 (3) KLT 19] to the facts and circumstances, I am not persuaded to agree that this is a fit case where such quashing of proceedings ought to be resorted to by invoking the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot (supra). This, I satisfied that, is a fit case where the petitioner must be directed to stand trial before the Court concerned and face the prosecution.
Kerala High Court Cites 5 - Cited by 0 - R Basant - Full Document
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