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loyallogic · 5 years ago

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Tuticorin: Death in Judicial Custody – What does the law say and what should a Police Officer Know?

This article is written by Sara Suresh, a student from Symbiosis Law School, Pune. In this article, the author explains the recent case of brutality and death in judicial custody and how law reacts to it.

Introduction

On 19th June 2020 Jayaraj and his son Benicks were picked up for interrogation by Sathankulam police officers for keeping their mobile accessories shop ajar beyond authorized hours in spite of the lockdown imposed. The First Information Report was recorded against Jayaraj and Bennicks under Section 188 (Disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life), 294(b) (sings, recites or utters any obscene song, ballad or words), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 506 II (Punishment for criminal intimidation) of Indian Penal Code, 1860. Later they were presented before the Judicial Magistrate and were put up in Kovilpatti sub jail under Judicial Custody. Subsequently, Jayaraj and Benicks were taken to hospital on account of fever and chest pain. Bennicks died immediately after admission while Jayaraj died shortly after that.

The Madras High Court took suo-moto cognizance of this case and the Madurai Bench ordered that the postmortem of the bodies should be conducted by a team comprising of three doctors and the entire process must be video graphed. The concerned police offers were suspended and the staffs were transferred. A judicial probe was ordered to look into this tragic incident and the Madras High Court has directed the police officials to submit a report on the same. Truth will be revealed only after a thorough judicial probe.

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Legal Analysis of the Incident

Firstly, it is important to understand what arrest is and why was it made under the present case. The term “arrest” has not been defined either under Criminal Procedure Code, 1973 or under Indian Penal Code, 1860. Fundamentally arrest refers to physically restraining the liberty and freedom of a person, where he is taken into custody by an authority empowered by law. A police officer is authorized to make arrest with or without warrant under CrPC.

Principally, it is true that Criminal Procedure Code confers wide discretionary and absolute powers to the police officers to make an arrest. U/s 41(1) CrPC, a police officer is enabled to make an arrest without a warrant. Section 41-A was inserted vide CrPC Amendment Act 2008 in order to protect innocent individuals from getting harassed and to curb the misuse of powers by Police Officers and to avoid unnecessary arrest or threat to arrest. Section 41-A states that a police officer can issue a notice to the person against whom a reasonable complaint is made if his arrest is not required u/s 41(1). It was held by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 that,

A police officer cannot make an arrest u/s 41(1) only upon the satisfaction that a person has committed an offence. The police should also be satisfied that the arrest is necessary to prevent such person from committing further offence or for investigation or to prevent the person from tampering with the evidence or to prevent him from threatening or inducing the witness so as to dissuade him from disclosing facts in Court or to a police officer or his presence in the court cannot be ensured unless he is arrested. Before making an arrest u/s 41(1), the police officer need to question himself whether the arrest is required and what object will it serve.

The Police Officer should not automatically arrest in an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine unless they are satisfied about the necessity of arrest.

The Magistrate needs to be satisfied that the arrest made by the police officer meet the requirements u/s 41(1) and if he is not, he is duty bound not to sanction his further detention and should release the accused. The magistrate should not authorize the detention casually and mechanically.

In the event of failure to comply with the directions, the Police Officer and the Judicial Magistrate should be subjected to departmental action.

Jayaraj and Benicks were arrested under section 41(1)(e) CrPC for obstructing a police officer from executing his duty. They were charged under offences which are bailable and non-cognizable and the offences carry punishment which is less than or extend to seven years. Police officers cannot make an arrest just because they possess the power to do so. In the present case, a serious crime was not committed and the situation did not demand any immediate need of arrest. The Apex Court on its order dated 23.03.2020 said that the prisoners who has been convicted or charged with offences having prison term seven years or less can be released on bail or parole in order to prevent overcrowding of prisons.

But the Judicial magistrate, in this case, has failed to make a judicial scrutiny as to the fact that whether the arrest is imminently needed and has passed the order of detention in a cavalier manner. The police officials had the discretionary power to issue notice u/s 41A(1) to both the father and son but they didn’t choose to do so. Furthermore, the Tamil Nadu Police standing Order 622 states that the police officer should not resort to immediate arrest even in cases of cognizable offence.

Secondly, amidst the pandemic the states have passed restrictions under both Disaster Management Act, 2005 and Epidemic Diseases Act, 1897. The Tamil Nadu State Disaster Management Authority has passed lockdown restrictions under Disaster Management Act, 2005. It is stipulated u/s 51 of the DM Act that whoever fails to comply with the directions of the Government or obstructs any police officer from discharging his duty shall be subject to imprisonment for a term which may even extend to two years and one year respectively.

Furthermore, the Act also states that the court has no authority to take cognizance of the offence act except on a complaint made by specified authorities. Section 60 of the act states that the court can take cognizance only on a complaint made by

(a) the National Authority, the State Authority, the Central Government, the District Authority or any other Authority or Officer authorized in this behalf by that Authority or Government as the case may be or

(b) any person who has given notice of at least 30 days in the manner prescribed, of the alleged offence and his/her intention to make a complaint to the National Authority, the State Authority, the Central Government, the District Authority or any other Authority or Officer authorized as aforesaid.

It should be noticed that section 60 of the DM Act didn’t mention that “any police officer” is authorized. Moreover, the MHA has issued a notice stating that the violators of the lockdown will be punished under the provisions of both Disaster Management Act, 2005 and Indian Penal Code, 1860. This ambiguity that exists in the DM Act should be addressed. Moreover, the Epidemic Diseases Act, 1897 proscribes penalty for defying the rules or order made under the Act in accordance with section 188 of IPC, which again prescribes punishment which may extend to one month or six months.

Thirdly, witnesses stated that Jayaraj and Benicks were brutally thrashed by the Sathankulam Police Officials and they sustained severe injuries. Police torture and death in custody raises serious questions about the credibility of the rule of law and administration of the criminal justice system. It is a well recognized right under Article 21 that any person who is lawfully detained by the police is entitled to be treated with dignity and respect and any arrest or detention doesn’t mean that any person could be tortured or beaten up. It was held by the Supreme Court back in 2012 that the states should organize special strategies to prevent and punish brutality by police methodology. It is held in innumerable decisions that monetary compensation would be provided to people who were ill-treated by the police. But it is time for the law makers to think and act upon the question “Would it suffice to prevent such incidents?” High amount of compensation should not be the only way to deal with this issue and it should not act as a means to silence the victims and his family.

India signed the “United Nations Convention against torture” in 1997 and the government accepted the recommendations of UN to ratify the convention. But even after 23 years of signing the convention, we do not have a specific enactment to ratify the convention. In 2017, “Prevention of Torture Bill” was drafted and introduced in the Parliament in consonance with the recommendations of Law Commission to ratify the convention and to enact legislation to criminalize torture. But the Government has not passed the bill and no further steps were taken. The National Human Rights Commission has passed several recommendations to deal with police torture and custodial death. But the Commission do not have absolute legal stance in India as their recommendations are not binding on the authorities.

Inconsistencies in the case: What should have been done?

Section 50 of CrPC states that it is the duty of the police officer to inform any person arrested without warrant about the grounds of his arrest and his right to bail. U/s 436 CrPC if any person is arrested without warrant under bailable offence and is prepared to give bail, such person should be released on bail. It was held by the Supreme Court that a person accused of bailable offence has a right to be released on bail after furnishing the required bond or surety and it does not depend on the discretion of the judges or the police officer. Bail is a right and Jail is an exception. As stated earlier, in the present case both the victims were charged under bailable offence. Either the police officer or the Judicial Magistrate should have granted bail considering the circumstances of the case. But, the same wasn’t bestowed by the court thereby creating a huge void.

Section 54 CrPC confers right upon the arrested person to have himself medically examined in order to prove his innocence or to show that he was subjected to torture. In D.D.Basu v. State of West Bengal 1997 1 SCC 416 it was held that the arrested person should be subjected to medical examination every 48 hours. It is the duty of the magistrate to enquire the arrested person whether they have any complaints against torture in Police custody.

In the case, it was alleged that the victims suffered severe rectum pain and were profusely bleeding from their rectum and their knees were hit so badly. It is still unknown that whether the victims were medically examined before being produced in the court. If so, it again raises a question as to why both the victims were not provided with medical treatment. The death of the victims could have been avoided,

if the medical practitioner has provided them with treatment and has stated the same in the medical certificate and

if the magistrate had observed the physical state of the victims and enquired the victims regarding the same.

According to the Prisons Act 1894, the convicts on admission need to be examined by the medical officer and the wounds on his body should be recorded. It is still unknown whether the victims under this case were medically examined. The jail authorities state that Benicks was bleeding when he was brought to the prison. But it is still undisclosed that whether the same was reported. If the victims were medically examined, there lies another question as to why were the internal bleeding left unnoticed and why were they not taken to the hospital.

In the existing case, the police officials and other authorities such as Judicial Magistrate, Medical examination officer and the jail authorities carry a liability in failing to discharge the duties effectively. It is extremely important for the police officers to know their powers and its limitation and should not act as perpetrator of torture. Additionally, the criminal justice system is comprised of many authorities who need to be diligent and reasonable. In spite of several amendments and allegations, the number of custodial deaths in India is proliferating and alarming, which needs attention. Negligent supervision and administration in the present case has led to the death of two innocent people! A proper mechanism to deal with the issue is the need of the hour.

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marymosley · 6 years ago

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Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases

Dean Kuriakose, a Lawyer by profession and political leader from Indian National Congress and who is also the President of the Youth congress kerala wing of Indian Youth Congress is a winning Member of Parliament in this Lok Sabha Elections of 2019. He is 37 years old, married to an ayurvedic doctor. He comes from Idukki, a Lok Sabha / Parliamentary constituency in Cochin region of Kerala in South India. A total of 16 candidates contested in this constituency Adv.Dean Kuriakose, Appanchira Ponnappan, Adv.Sabu Varghese, T.K.Tomy, Muhammed Sharafudheen, Silvi Sunil, Anish Mariyil, James Joseph, Joyce George, Adv.Joice George, Joice George, P.C.Jolly, Biju Joseph, Adv.Chittoor Rajamannar, Shoby Joseph, Somini Prabhakaran, out of which Adv. Dean Kuriakose won with 54.23% (498493) votes, a margin of 171053 votes from independent candidate Adv. Joice George. Adv. Kuriakose, 1st rank holder in M.A (Human Rights and Politics) from School of International Relations and Politics, Mahatma Gandhi University, Kottayam has his name run over in around 204 criminal cases as an accused, second highest candidate and 37 charges of serious nature. The highest number of criminal charges declared was by K. Surendran, the Bharatiya Janata Party’s (BJP)candidate from Kerala’s Pathanamthitta parliamentary constituency, 240 criminal cases against himself.

Out of 204 Cases he was convicted in one case in march 2018 imposing a fine of Rs. 1600/- and details of rest 203 cases are as follows:

Cases Pending

Serial No.

FIR No.

Case No.

Court

IPC Sections Applicable

Other Details / Other Acts / Sections Applicable

Charges Framed

Date on which charges were framed

Appeal Filed

Details and present status of appeal

Cr.No.215/2019, udayapuram Police Station

143, 147, 283, 149

Cr.No.356/2019, Ernakulam Central Police Station

143, 147, 148, 427, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/W 3 of KPDPP & PC ordinance 2019

Cr.No.357/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.358/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.359/2019, Ernakulam Central Police Station

Sec. 151 CrPC

Cr.No.241/2019, kadavanthra Police Station

143, 147, 188, 283, 149,

Sec.117(e) of KP Act

Cr.No.258/2019, Thoppumpadi Police Station

143, 147, 283, 149

Cr.No.197/2019, Mulavukad Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/w 3 of KPDPP & PC Ordinance 2019

Cr.No.315/2019, Kalamasherry Police Station

143, 147, 148, 283, 323, 506(i), 188, 149

Cr.No.269/2019, Palluruthi Police Station

188, 283, 34

Cr.No.318/2019, Ernakulam Town North Police Station

143, 147, 283, 149

Cr.No.207/2019, North Paravoor Police Station

143, 147, 188, 283, 149,

Section 6 of KPWRA & P Act 2011

Cr.No92/2019, Binanipuram Police Station

143, 147, 283, 149

Cr.No.352/2019 Aluva East Police station

143, 147, 283, 149,

Sec.77(i)(b), 121 of KP Act

Cr.No.343/2019, Angamali Police Station

143, 147, 188, 283, 149

Cr.No.119/2019, Vadakara Police Station

143, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.103/2019, Aluva Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.134/2019, Varapuzha Police Station

143, 147, 188, 283, 149

Cr.No.225/2019, Nedumbassery Police Station

143, 145, 147, 188, 283, 149

Cr.No.282/2019, Njarakkal Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.426/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.427/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.428/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.432/2019, Perumbavoor Police Station

341, 323, 325, 294B, 506(i)

Cr.No.202/2019, Piravam Police Station

143, 147, 188, 149

Cr.No.203/2019, Piravam Police Station

143, 147, 447, 506(i), 188, 149

Cr.No.449/2019, Muvattupuzha Police Station

143, 147, 283, 294B, 506(i), 149

Section 4 (i), 6 of KPWRA & P Act 2011

Cr.No.313/2019, kothamangalam Police Station

143, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.98/2019, Kuttampuzha Police Station

143, 188, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.265/2019, Alapy South Police Station

143, 188, 147, 283, 149

Yes

Cr.No.122/2019Kozhikode Police Station

u/s 3 (1), of PDPP Act

Cr.No.247/2019, thodupuzha Police Station

143, 147, 283, 188, 149

Cr.No.78/2019, Idukki Police Station

143, 147, 283, 188, 149

Cr.No.45/2019, Muttam Police Station

143, 283, 294B, 506(i), 149

Cr.No.1437/2018, Aluva East Police Station

CC.No.140/2019

Special ACJM for the Cases against MP/MLA in Kerala

143, 147, 283, 149

Yes

16 Jan 2019

Cr.No.1172/2014, Ernakulam central Police Station, Ernakulam Dist.

CC.No.113/2018, Transferred

ACJM Thiruvananthapuram

U/s 147, 174(A) Railway Act

Cr.No.96/2019, Perinthalmanda Police Station Malapuram Dist.

143, 147, 283, 149

Cr.No.97/2019, Perinthalmanda Police Station Malapuram Dist.

JFCM I Perunthalmanna

143, 147, 283, 149

Cr.No.74/2019, Cheruthuruthi Police Station, Thrissur Dist.

JFCM I Vadakancheri

143, 147, 283, 149

Section 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.42/2019, Mangara Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 188, 149

Section 4 r/w 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.73/2019, Chittoor Police Station Palakkad Dist.

JFCM I Chittoor

143, 147, 283, 188, 149

Cr.No.149/2019, Vadakancherri Police Station

143, 147, 148, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.229/2019, Thrissur Town East police Station

143, 147, 153, 283, 188, 149

Cr.No.81/2019, Erumapetti Police Station

143, 147, 427, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 r/w 3 of KPDPP & PC Ordnance 2019

Cr.No.118/2019, Nedupuzha Police Station

143, 147., 153, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.242/2019, Kunthakulam Police Station

143, 147, 283, 149

Cr.No.176/2019, Vadanapilli Police Station

143, 147, 283, 149

Cr.No.97/2019, Valappad Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.141/2019, Chalakudi Police Station

143, 145, 283, 188, 149

Cr.No.121/2019, Mala Police Station

143, 147, 283, 149

Cr.No.123/2019, Mala Police Station

143, 147, 283, 149

Cr.No.141/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.142/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.165/2019, Irijalakuda Police Station

143, 147, 283, 341, 323, 294B, 506(i), 427, 149

Cr.No.45/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No.46/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No. 52/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.53/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.136/2019, Palakkad South Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.137/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.138/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.41/2019, Meenakshipuram Police Station

143,147,283,149

Cr.No.80/2019, Vadakancherri Police Station

143,147,283,149

Cr.No.73/2019, Shernoor Police Station

143,147,283,149

Cr.No.62/2019, Thrithala Police Station

143,147,283,149

Cr.No.70/2019,Chalicherri Police Station

143,147,283,149

Cr.No.33/2019, Nattukal Police Station

U/s 151 Cr PC

Cr.No.35/2019, Nattukal Police Station

U/s 117(e)KP Act

Cr.No.67/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.68/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.136/2019 Pallakad Town North Police Station

143,147,283,149

Section 4,6 of KPWRA and P Act 2011

Cr.No.53/2019, Mallapuram Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.114/2019, Manjerri Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.92/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.93/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.95/2019, Perunthalmanna Police Station

u/s 151 Cr PC

Cr.No.17/2019, Pandikad Police Station

143,147,188,283,149

Cr.No.18/2019, Pandikad Police Station

u/s 151 Cr PC

Cr.No.29/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.28/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.30/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.21/2019, Vandoor Police Station

143, 147, 188, 283, 506(i), 149

Section 4, 5, 6 of KPWRA & P Act 2011

Cr.No.45/2019, Edavanna Police Station

143, 145, 147, 353, 283, 149

Cr.No.80/2019, Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.81/2019 Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.52/2019, Edakara Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.161/2019, Thirur Police Station

u/s 151 CrPC

Cr.No.44/2019, Kottakkal Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.84/2019, Changaramkulam Police Station

341, 294B, 34

Cr.No.124/2019, Kozhikode Police Station

143, 147, 148, 353, 149

Cr.No.225/2019, Kannur Town Police Station

143, 147, 283, 149

Cr.No.73/2019, Mayil Police Station

u/s 3(i), 4 of PDPP Act

Cr.No.191/2019, Thaliparamb Police Station

143, 147, 283, 149

Cr.No.91/2019, Kalpatta Police Station

143, 147, 283, 149

Cr.No.64/2019, Meppadi Police Station

143, 147, 283, 149

Sec. 117(e) of KP Act

Cr.No.52/2019, Kambalakad Police Station

143, 147, 283, 149

Sec. 120(b) KP Act

Cr.No.170/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.171/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.49/2019, Konichira Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

100

Cr.No.138/2019, Mananthavadi Police Station

143, 147, 283, 149

101

Cr.No.102/2019, Payyoli Police Station

143, 145, 147, 283, 149

102

Cr.No.137/2019, Koyilandi Police Station

143, 145, 147, 283, 149

103

Cr.No.139/2019, Perambra Police Station

143, 145, 147, 283, 149

104

Cr.No.108/2019, Balusherri Police Station

143, 147, 341, 323, 149

105

Cr.No.120/2019, Koduvalli Police Station

143, 145, 147, 283, 149

106

Cr.No.69/2019, Thiruvambadi Police Station

143, 145, 147, 283, 149

107

Cr.No.118/2019, Chevayoor Police Station

143, 145, 147, 283, 149

108

Cr.No.136/2019, Farooq Police Station

143, 147, 283, 149

109

Cr.No.149/2019, Kasaba Police Station

143, 145, 147, 283, 149

110

Cr.No.147/2019, Nallalam Police Station

283, 34

111

Cr.No.93/2019, Mavoor Police Station

143, 147, 283, 149

112

Cr.No.136/2019, Elathoor Police Station

143, 147, 283, 149

113

Cr.No.122/2019, Kunnamangalam Police Station

u/s 3,2(e) of PDPP Act

114

Cr.No.123/2019, Kunnamangalam Police Station

143, 147, 283, 149

115

Cr.No.124/2019, Kunnamangalam Police Station

143, 147, 148, 353, 149

116

Cr.No.152/2019, Medical College Police Station

143, 147, 283, 149

117

Cr.No.119/2019, Chevayoor Police Station

143, 147, 283, 149

118

Cr.No.134/2006, Thiruvananthapuram Contonment Police Station

143, 147, 148, 149, 188, 283, 308, 332, 447

S-3(1) of PDPP Act

119

Cr.No.189/2017, Thiruvananthapuram Musium Police Station

ST No.722/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 39 r/w 121 of KP Act

Yes

21 Feb 2018

120

Cr.No.1834/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

121

Cr.No.1820/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

122

Cr.No.1804/2017, Thiruvananthapuram Musium Police Station

ST No.382/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

Yes

23 Jan 2018

123

Cr.No.960/2016, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188, 332

Yes

12 Jul 2016

124

Cr.No.1329/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

125

Cr.No.822/2018, Thiruvananthapuram Musium Police Station

CC No.523/2018

CJM Court Thiruvananthapuram

143, 144, 147, 149, 283

Yes

16 Oct 0218

126

Cr.No.131/2011, Thiruvananthapuram Musium Police Station

SC No.1758/2016

2nd Additional Sub Court Thiruvananthapuram

143, 147, 149, 332, 308

Yes

13 Oct 2014

127

Cr.No.1522/2018, Thiruvananthapuram Musium Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

128

Cr.No.123/2008, Thiruvananthapuram Contonment Police Station

ST.No.764/2008

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

129

Cr.No.1127/2016, Thiruvananthapuram Contonment Police Station

CC No.1309/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

25 Nov 2017

130

Cr.No.1249/2016, Thiruvananthapuram Contonment Police Station

CC No.1501/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Nov 2018

131

Cr.No.689/2017, Thiruvananthapuram Contonment Police Station

CC No.768/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332

Section 39 r/w 121, 77(B) of KP Act

Yes

24 Jul 2017

132

Cr.No.702/2018, Thiruvananthapuram Contonment Police Station

CC No.827/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

27 Jun 2018

Yes

133

Cr.No.1159/2018, Thiruvananthapuram Contonment Police Station

CC No.1488/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

29 Oct 2018

Yes

134

Cr.No.46/2017, Thiruvananthapuram Contonment Police Station

CC No.187/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

20 Feb 2017

135

Cr.No.279/2018, Thiruvananthapuram Contonment Police Station

CC No.1152/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332, 117

Section 3 (2)(c)of PDPP Act and 39 r/w 121 of KP Act

Yes

22 Sep 2018

136

Cr.No.706/2016, Thiruvananthapuram Contonment Police Station

CC No.1095/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Jul 2016

137

Cr.No.776/2016, Thiruvananthapuram Contonment Police Station

CC No.765/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

138

Cr.No.1133/2016, Thiruvananthapuram Contonment Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

19 Nov 2016

139

Cr.No.934/2017, Thiruvananthapuram Contonment Police Station

ST No.3208/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

14 Sep 2017

140

Cr.No.455/2017, Thiruvananthapuram Contonment Police Station

ST No.1577/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

09 May 2017

141

Cr.No.332/2019, Shasthamkota Police Station, Kollam

323, 341, 427, 34

142

Cr.No.265/2019, Alapppuzha South Police Station, Alappuzha Dist.

JFMC (I) Court Alappuzha

143, 147, 149, 283

143

Cr.No.494/2019, Cherthala Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

144

Cr.No.205/2019, Aroor Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

145

Cr.No.189/2019, Arthungal Police Station, Alappuzha Dist.

Town Hall Kanjikuzhi

143, 147, 149, 283

146

Cr.No.129/2019, Pattanakadu Police Station, Alappuzha Dist.

JFMC (I) Court Cherthala

143, 147, 149, 283

147

Cr.No.200/2019, Muhamma Police Station, Alappuzha Dist.

JFMC (II) Court Cherthala

143, 147, 149, 283

Section 118 KP Act

Yes

148

Cr.No.264/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283

149

Cr.No.265/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283, 341

150

Cr.No.191/2019, manimala Police Station, kottayam Dist.

JFMC (II) Court Kanjirapally

141, 143, 146, 147, 149, 283

151

Cr.No.379/2019, Chingavanam Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

451, 294B, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance Act. 2019

152

Cr.No.244/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

141, 147, 149, 323, 294B, 427, 341 451, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance 2019

153

Cr.No.246/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

143, 145, 147, 149, 283

154

Cr.No.45/2019, Rajakadu Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 144, 147, 283, 188, 149

Yes

22 Feb 2019

155

Cr.No.127/2019, Adimali Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 147, 283, 149

156

Cr.No.73/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumedu

143, 147, 283, 188, 149

157

Cr.No.74/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 144, 147, 148, 283, 324, 353, 332, 188, 149

158

Cr.No.71/2019, Kumali Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 147, 283, 188, 149

159

Cr.No.34/2019, Peruvanthanam Police Station, Idukki Dist.

Town Hall peerumed

283, 341, 188, 353, 109, 34

160

Cr.No.35/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

161

Cr.No.78/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

162

Cr.No.76/2016, Ernakkulam Police Station, Ernakkulam Dist.

CC No.178/2016

Additional Cheif Judicial Magistrate Court Ernakkulam

143, 147, 148, 283, 188, 332, 149

163

Cr.No.1511/2017, Palarivattam Police Station, Ernakkulam Dist.

JFMC IX Ernakkulam

143, 147, 283, 149

164

Cr.No.547/2017, Ernakkulam Central Police Station, Ernakkulam Dist.

CC No.906/2018

JMFC II Ernakkulam

143, 147, 283, 149

Yes

22 Oct 2018

165

Cr.No.2092/2018, Ernakkulam Central Police Station, Ernakkulam Dist.

NC No.7181/2018

JFMC II Ernakkulam, Quashed -High Court on 04-12-2018

332, 353, 34

166

Cr.No.47/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

167

Cr.No.48/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

168

Cr.No.79/2019, Alathoor Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 188, 283, 149

169

Cr.No.41/2019, Kongadu Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 149, 117

170

Cr.No.58/2019, Nenmara Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 283, 188, 149

171

Cr.No.547/2018, Shornoor Police Station, Palakkad Dist

JFCM I Ottapalam

143, 147,332, 353, 188, 149

Section 120 (b) of KP Act

172

Cr.No.66/2019, Pattambi Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

173

Cr.No.27/2019, Koppam Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

174

Cr.No.125/2019, Mannarkadu Police Station, Palakkad Dist

ST No.239/2019

JFCM I mannarkad

143, 147, 283, 149

175

Cr.No.30/2019, Kalladikadu Police Station, Palakkad Dist

ST.No.245/2019

JFCM I mannarkad

143, 147, 283, 149

Yes

176

Cr.No.34/2019, Nattukal Police Station, Palakkad Dist

JFCM I mannarkad

143, 147, 148, 283, 353, 109, 149

Section 4 r/w 6 of KPRAP Act

177

Cr.No.56/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

178

Cr.No.57/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

179

Cr.No.58/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

143, 147, 283, 149

Section 4 r/w 6 of KPRAP Act

180

Cr.No.66/2019, Kuttiyadi Police Station, Kozhikode Dist

JFCM I Nadapuram

143, 147, 283, 153, 149

Section 3(2)(e) of PDPP Act

181

Cr.No.85/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 452, 397, 436, 149

Section 4 of KPDPP and PCO 2019

182

Cr.No.86/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148,323, 436, 149

Section 4 of KPDPP and PCO 2019

183

Cr.No.87/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 149

Section 4 of KPDPP and PCO 2019

184

Cr.No.89/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 506, 149

Section 4 of KPDPP and PCO 2019

185

Cr.No.90/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 149

Section 4 of KPDPP and PCO 2019

186

Cr.No.91/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

187

Cr.No.92/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 3 (1) of KPDPP Act

188

Cr.No.93/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

189

Cr.No.94/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 436, 149

Section 4 of KPDPP and PCO 2019

190

Cr.No.95/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

191

Cr.No.96/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

192

Cr.No.97/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

193

Cr.No.98/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

194

Cr.No.99/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 436, 149

Section 4 of KPDPP and PCO 2019

195

Cr.No.100/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 435, 149

Section 4 of KPDPP and PCO 2019

196

Cr.No.101/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 435, 149

Section 4 of KPDPP and PCO 2019

197

Cr.No.103/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 435, 149

Section 4 of KPDPP and PCO 2019

198

Cr.No.104/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

199

Cr.No.105/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 452, 436, 149

Section 4 of KPDPP and PCO 2019

200

Cr.No.106/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 457, 149

Section 4 of KPDPP and PCO 2019

201

Cr.No.107/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 4 of KPDPP and PCO 2019

202

Cr.No.1875/2017, Bekkal Police Station, Kasarcode Dist

CC No.807/2017

JFCM I Kothamangalam

143, 147, 283, 149

Yes

13 Jul 2017

203

Cr.No.102/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 447, 435, 149

Section 4 of KPDPP and PCO 2019

Sources:

1) http://www.myneta.info/LokSabha2019/candidate.php?candidate_id=8847

2) Affidavit submitted to Election Commission of India

3) ADR Report, dated 25th May 2019

4) https://www.indiatoday.in/elections/lok-sabha-2019/story/bjp-candidate-tops-criminal-case-list-congress-1525725-2019-05-15

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postolo · 6 years ago

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Bom HC | Act of putting revolver to Police personnel’s head not an attempt to murder under S. 307 IPC

Bombay High Court: K.K. Sonawane, J., acquitted the appellant who was convicted by the trial court for offences punishable under Sections 307 (attempt to murder) and 353 (assault or criminal force to deter public servant from discharge of his duties) IPC.

Dramatic Incident

On the night of 21-02-2002, a function for the inauguration of Bhartiya Yuva Morcha’s branch office was underway. A sudden fight occurred at the spot following lewd and offensive comments passed by one Shivaji Mundhe against the leader who was inaugurating the office. The audience started thrashing him but the Police personnel deployed on duty intervened and rescued him from the clutched of the violent mob. They were about to take away Shivaji Mundhe in the police jeep when the appellant snatched the revolver of the Polic personnel driving the jeep and put it near his ear. Suddenly from the crowd, someone pulled back the appellant and before any further untoward incident could have occurred, the police took away Shivaji Mundhe.

Conviction

A case was registered and charges were framed against 17 accused for various offences under the Penal Code, the Prevention of Damage to Property Act, 1984 and the Arms Act, 1959. The Additional Sessions Judge acquitted accused 2-17 from all charges holding that the prosecution failed to prove offences against them beyond the reasonable doubt. The present appellant was also exonerated from all charges but two. He was held guilty for the offences punishable under Sections 307 and 353 IPC. Aggrieved thereby, the appellant invoked the remedy under Section 374(2) CrPC and preferred the present appeal.

Acquittal

The High Court perused the entire record. Discussing Section 307, the Court observed, “It is evident from the aforesaid provision that there must be an act which is itself sufficient of causing death.”

Relying on illustration (C) of Section 307, the Court observed, “in a case of attempt to cause death by fire arm, the arm must be fired and till it’s fire no offence of attempt to commit murder under Section 307 of the IPC is held to be taken place.”

It was clarified that, “the provisions of Section 307 of the IPC would apply to the situation, when there has not been merely a commencement of an execution of the purpose, but, something remains short of complete execution; the consummation being hindered by the circumstances, independent of the will of the author.” However, distinguishing the present case on facts, the Court held, “It is to be reiterated that till appellant used the weapon for firing, he cannot be blamed for the offence of attempt to commit murder. But, if he opened the fire and intervention of someone else prevented the shot from taking effect, the offence under Section 307 of the IPC would be held committed against the appellant. In such peculiar circumstances, in the present case, conviction of appellant under Section 307 of the IPC is not sustainable and deserves to be quashed and set aside.”

Furthermore, it was held, ” the appellant had no strain relations or animosity with the police personnels, nor they had come in contact with each other prior to the incident. The restive mob vented wrath against the miscreant PW-4 Shivaji Mundhe. There was no reason for the appellant to assault police constable for committing his murder. It is unsafe to fasten guilt on the appellant for the charge under Section 307 of the IPC.”

Regarding conviction of offence under Section 353 IPC, it was held that “there is no propriety to fasten the guilt under Section 353 of IPC against the sole appellant, when he has been absolved from the offence of unlawful assembly, rioting etc.”

Reversing the order of conviction passed against the Appellant Court, held that, “the act of appellant flashing the revolver to the Police Personnels would not (by) itself (be) sufficient to constitute offence under Section 307 of the IPC against him.”

Holding as such, the Court allowed the appeal and acquitted the appellant. [Walmik v. State of Maharashtra, Criminal Appeal No. 21 of 2007, decided on 28-02-2019]

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loyallogic · 5 years ago

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Judgement and Order under CrPC

This article is written by Anubhab Banerjee, from the School of Law, Alliance University. It deals with the provisions of the Code of Criminal Procedure, 1973 with regard to judgement and order.

Introduction

The Indian legal system has two branches i.e. civil and criminal. Civil law mainly deals with contracts and torts. Criminal law mainly deals with crimes committed against the community. The Code of Criminal Procedure, 1973 is a manual for the Indian Legal system which deals with Criminal Law. This article deals with judgements and orders which are passed under the Code of Criminal Procedure.

What is a Judgement?

A judgement is a decision given by a person regarding a particular issue. A judgement under the eyes of the law is a decision given by a court of law on a suit which comes up to it. The Code of Criminal Procedure in India does not define a judgement. Though Chapter 27 of the code deals with the matters relating to a judgement and its delivery. A judgement can be considered to be the final order passed by a criminal court, which may either be pronounced as a conviction of the accused if such person is found to be guilty or as an acquittal of the accused if such person is found to be innocent.

The Supreme Court of India, in the case of Surendra Singh v. State of U.P., 1953 defined judgement as “the final decision of the court intimated to the parties and to the world at large by formal ‘pronouncement’ or ‘delivery’ in open court.”

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Provisions with regard to Judgement under CrPC

The following are the provisions with regards to a judgement under the Code for Civil Procedure:

Section 353

This section helps us understand the process of procurement and pronouncement of a judgement. It says that the pronouncement of judgement in every trial in a criminal court should be done in an open court as soon as a trial subject to that court is terminated. Such judgement should be pronounced by a presiding officer who is in charge of the criminal court of original jurisdiction. Such an officer passing the judgement should sign the transcript and every page, as well as the date of the judgement, pronounced should be attached to such a document.

If the accused related to a judgement is under custody, then such person should be brought to the court when the judgment is being pronounced. If the accused is not in custody then his presence shall be demanded by the court, at the time of passing the judgment. If there is more than one person then the absence of any of them will not have any effect in delaying the judgement. A copy of the judgement should be made available to all persons associated with the case.

The absence of a pleader during the pronouncement of a judgement shall not be deemed to be enough reason for causing any delay in a judgement.

Section 354

This section tells us about the language which should be used while pronouncing a judgement. It basically says that unless anything is expressly mentioned under the judgement passed under section 353, the judgement should be made in the official language of the respective court.

This section also helps us understand the ideal contents of a judgement. It basically explains the different instances under which the court passes judgement and the reasons which are required to be given by a court, which shall be attached to the respective judgements.

Section 355

This section provides instructions which are required to be followed by a Metropolitan Magistrate while pronouncing a judgement.

Section 357

This section talks about the power of the court to demand compensation from the accused with regard to the losses incurred by the other party to the suit. Such compensation may be for the costs of the proceeding, compensation for causing harm, injury or death, etc. There is a particular period of time provided for an appeal against such demand of compensation by the court. Once such period expires, the accused shall be liable to pay such compensation.

Section 358

If a person gets arrested due to another person registering a false complaint against such a person with the police. Then the court shall order such a person who posted the complaint to pay compensation which shall not exceed one thousand rupees, to the person so arrested. Such compensation is required to be paid for the lost time and money of such a person so arrested.

If there is more than one person who has been arrested under such circumstances, then compensation of rupees hundred such be paid to each person.

Section 361

This section tells us that under the following circumstances special reasons supporting the judgement should be recorded:

Where an accused is a person under section 360 or under the provisions of the Probation of Offenders Act, 1958.

When an offender is a person supposed to be considered under the Children Act, 1960.

Section 362

This section tells us that once a judgement is pronounced, no change shall be made by the court or the presiding officer on such judgement. Unless the appeal is filed at a higher court.

Section 363

This section tells us that a copy of the judgment pronounced by the presiding officer of the court shall be given out to the accused, the complainants and all such persons associated with the proceeding in reference to which such a judgement has been passed.

Section 364

This section provides that every judgement pronounced by a court should be recorded. In an instance where such judgement is not in the language of the court and the accused requires so, then the judgement should be translated into the language of the court and stored accordingly.

Section 365

This section tells us that in case a judgement is pronounced by a court of session or by a Chief Judicial Magistrate, then a copy of such a judgement should be sent to the office of the District Magistrate.

What is an Order?

An order is a command which is given by a judge, with relation to a proceeding at a court. Though the order is not always the end of the court proceeding. Only if such an order passed is the final order of a case, it shall be considered to be a judgement and shall be capable of ending a court case. Otherwise, orders are passed in between court proceedings to take care of the case and the things associated with it. There are certain orders which are given by the court under chapter 27 of the Code of Criminal Procedure, 1973. However, the term order is not defined under CrPc and finds its meaning under the Civil Procedure Code.

Provisions with regard to Order under CrPC

The following Sections under the Code of Criminal Procedure talks about orders:

Section 356

This section tells us about an order regarding notification of the address of a previously convicted person.

Section 357

This section tells us that the court may order a person to pay compensation in case such a person’s complaint to the police leads to a false arrest of another person. Such compensation shall be paid to the person so arrested. The amount of compensation ordered can be maximum of one thousand rupees. If more than one person is arrested for such a complaint, then a compensation up to rupees hundred for each person can be ordered by the court.

Section 359

Under this section the court shall order compensation to be paid by the accused to the complainant of the case, considering that it is a case of a non-cognizable offence. The compensation is equivalent to the costs of the proceeding which are incurred by the complainant. Such an order may even be passed by an Appellate Court.

Section 360

This section tells us about an order of the court through which a convict can be released on probation of good conduct or after a firm warning.

Section 413

This section helps us understand the process for execution of an order under the Indian legal system.

As a general rule, an order of a court is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order.

An order may originate from a suit by the presentation of a plaintiff or may arise from a proceeding commenced by a petition or application. Rights of the parties with regard to all or any of the matters in controversy may or may not be finalized in an order. Also, in the case of a suit or a proceeding, a number of orders may be passed. Every order is not appealable, only specific orders provided for in the Code are appealable. No Second Appeal lies in case of Appealable Orders.

What are the differences between a judgement and an order?

A judgement and an order work in coherence along with other elements under the judicial process in order to evaluate the issues with regard to the case matter before the court, as per provision under the code of criminal procedure. A judge occupies the seat of the decision-maker on behalf of law and judiciary. He has the power to allow and grant orders and judgements as decisions to be implemented on and by the parties upon the subject matter of the case. The composition, purpose, grounds and legal consequences of a judgement and order are very distinct as per their nature and thus are provisioned separately under the code. It is imperative to understand them in order to understand and utilise their purpose under the judicial procedure and practice. They must not be confused in terms of their nature and work. A distinction, in brief, is given below:

Basis/Distinction

Judgement

Order

Criminal Procedure Code, 1973

Chapter XXVII of Crpc deals with judgement though there is no proper definition provided under the act.

An Order as well is not defined under Crpc.

Definition

Judgment is the statement given by the Judge on the grounds of a decree or order

The formal expression of any decision of a Criminal Court which is not a decree.

Purpose

A judgement declares the final decision of the court upon the matter, summing up all the evidence and arguments presented and procedure evaluated along with the decree and order passed in the regard. It justifies itself based on the entirety of the case matter.

An order is passed where an immediate or urgent action or implementation is required.

It could be sealing off the property to not be sold or exploited that forms the subject matter of the case by any party, or security of it or any of the parties to the matter.

Legal nature

A judgement is appealable before the provisioned superior court.

There are two kinds of order: appealable and non-appealable

Grounds of decision

A judgement essentially carries along a statement pertaining to the grounds of such decision being passed.

An order is followed by a necessary discussion upon the issue regarding which it has been passed. However, it need not carry any grounds of explanation along with it.

Stage of the case

A judgement is passed at the finality of the case that addresses the final execution of the decision taken upon hearing and evaluating the whole matter and the procedure.

An order can be passed as well as asked for by either of the sides at any stage of the case.

Discretion of the Judge

A judge is bound to give a judgement in order to dismiss or decide a case.

A judge is not bound to pass an order asked by the parties). He may pass an order if he deems fit in the favour of the welfare, security or urgency to the parties or the subject matter of the case.

Conclusion

A judgement and an order under the Code of Criminal Procedure, 1973 may seem to be quite similar concepts but have significant differences, as have been portrayed in this article. The concepts of judgment and order may not have been defined under CrPC but both the provisions form a very vital aspect of the criminal law system in India. Judgement decides on the finality of a case while an order is more of an interim measure. Thus, both of these are essential instruments for all criminal courts across India.

References

http://www.differencebetween.net/miscellaneous/difference-between-judgment-and-order/

https://www.pathlegal.in/Difference-between-Order-Judgment-and-Decree-blog-2296957

https://www.docsity.com/en/distinguish-between-order-judgment-and-decree/4241850/

https://devgan.in/crpc/chapter_27.php#s360

https://devgan.in/crpc/section/413/

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loyallogic · 5 years ago

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Judgment under the Criminal Procedure Code, 1973

This article is written by Nishtha Pandey (batch 2023), student of Dr. Ram Manohar Lohiya National Law University, Lucknow. This article highlights the Judgements delivered under the Criminal Procedure Code, 1973.

Introduction

“The people’s good law is the highest law” – Cicero

Judgement is a basic term used in our daily lives. Generally, it means analysing a certain situation and forming a notion thereafter. In a legal sense, judgement is the decision given by the Court, after hearing both sides, it contains reasons for reaching such a conclusion. The judgement thus forms an important part of a legal process. A faulty judgement has the potential to deteriorate the very foundation of the legal justice system in the country. Therefore it is imperative to study various aspects of judgement from a judicial point of view.

Object and scope

Chapter XXVII of the CrPC, 1973, deals with Judgement. However there is no definition of “judgement” present in the Code, but it is to be understood as the final order of the Court. In the case of Ismail Amir Seikh vs. the State of Maharashtra, it was held that a judgment is the act of judging. It was pointed out that judgment should clearly mention the reason for accepting an argument and rejecting the other.

This chapter is very important as it shed light on the various provisions related to “judgement” in a Criminal proceeding.

This chapter applies all across India.

Form and contents of the judgment under Section 353

In a judgement Ratio decidendi and Obiter dicta form an integral part. Ratio decidendi is the binding statement in judgement and Obiter Dicta is the “by the way” remarks delivered by the judge which is not necessary to the case at hand. These two are very important as they define the legal principles which are useful to the legal fraternity.

If the judgement is of acquittal-

Whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove it beyond a reasonable doubt.

If the act or omission from which the liability might arise doesn’t exist.

If the judgement is of conviction-

The essential elements of the offence committed by the accused and the intervening circumstances which led to the commission of this offence.

Participation of the accused as the principal perpetrator, or accomplice or accessory.

The penalty that is imposed on the accused.

Language and contents of judgment

Under Section 354, of CrPC, it is stated that every judgement should be:

In the language of the Court.

Shall contain the points of determination and the reason for the same.

The offence should be specified and the reason for the same should be given for the same. The offence so committed must be mentioned in the IPC or any other law under which the crime is committed and the punishment is given.

If the offender is acquitted, the offence for which he was acquitted, the reason for the same and it must be specified that a person is now a free man.

2. If the judgment is passed under the IPC and the judge is not certain as to under which Section the offence is committed or under which part of the Section, the judge should specify the same in the judgement and should pass orders in both the alternate situations.

3. The judgement shall furnish a proper reason for the conviction if it is a sentence for a term of life imprisonment and in case of death sentence the special reason has to be given.

Judgment given by Metropolitan Magistrate under Section 355

Under Section 355 of the CrCP, it is mentioned that the judge instead of giving the judgement in an above-mentioned way, can deliver it in an abridged version that would contain-

The serial number of the case,

Date of the commission of the offence,

Name of the complainant,

Name of the accused person, his parentage and residence,

Offence complained of or proved,

Plea of the accused and his examination,

Final order,

Date of the order,

In cases where the appeal lies from the final order, a brief statement of reasons for the decision.

Post-conviction orders in lieu of punishment

Post-conviction dilemma

Under Section 357 of the Code, if the judgement is that of the conviction then the Court can order the accused to pay compensation over and above the sentence of fine or imprisonment that is awarded to him. The Court can, ask the offender, to pay compensation.

Further, under Section 358, the Court can order compensation to be given to the person who is groundlessly arrested by the one who led to such false arrest. The compensation is recovered as a fine and is given to compensate for the loss of time and money of the person.

Moreover, in the case of non-cognizable offences under Schedule 1 of the code, and the judge has received a private complaint about the same. The judge can ask the accused, after convicting him, to pay to the prosecutor the necessary amount and expenses incurred in the process of prosecution.

Under Section 360 of the Code, one of the most important forms of post-conviction order is mentioned, whereby the accused is not convicted but is led free while imposing some restrictions on his liberty as a free man.

Convict to be released on good conduct or admonition

Section 360 of the CrPC mentions a provision in which a person could be released on good conduct or after admonition. In this, if a person is not under the age of 21 years and is not convicted of an offence which is punishable with a fine or a term which is seven years or less. Also if a person is more than 21 years of age or a woman is convicted of an offence which is not punishable with death sentence or life imprisonment and no previous conviction is against the person then if the Court deems it fit in accordance with the age, character, antecedents of the offender and the circumstance under which such offence was committed, that it is expedient to release the person on good conduct and the Court instead of punishing him may order him to be released in the sureties or not, as per the Court. Such a person has to appear before the Court to receive the sentence of the punishment not exceeding 3 years and in the meantime peace and good behaviour, must be exercised.

If the first offender is convicted by the magistrate of the second class then the magistrate has to record its opinion to that effect and submit it to the first class magistrate. The first class magistrate will hear the case in the same manner as if it originally came to his Court and he may order further inquiries if he feels that it is necessary to do so. He may order to record evidence or may do it by himself. If a person is convicted of theft, misappropriation cheating or any other offence under the IPC, and is punishable with not more than two years of imprisonment or fine. In this case, the person is not previously convicted of any other offence, the Court may if it thinks fit can release the person based on his age, antecedent, mental and physical condition, character, the trivial nature of the offence, or any circumstances which took place. The Court may release him after due admonition. An order under this Section could be given by Appellate Court or High Court or Court of Session while exercising its power of revision.

The Court should ensure that the offender and his sureties must get a place of living and a regular occupation of observation as specified by the Court.

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Exercise of judicial discretion in sentencing without adequate knowledge about the offender

Currently, India does not have structured sentencing guidelines. In March 2003, the Malimath Committee issued a report that emphasized the need to introduce sentencing guidelines in order to minimize uncertainty in awarding sentences.

In 2008, the Madhava Menon Committee asserted the need for statutory sentencing guidelines. Moreover, the government is working to establish a “uniform sentencing policy” in line with the United States and the United Kingdom to do away with varied judgements, given by the judges.

The sentencing procedure is established under the CrPC, which provides broad discretionary sentencing powers to judges. It is asserted by many authors that, in the absence of an adequate sentencing policy it comes down to the judges to decide which factors to take into account and which to ignore. Moreover, broad discretion gives a lot of room for personal prejudices of the judges to dictate the judgement.

Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents can make an application to the State or the District Legal Services Authority for compensation. Upon receipt of such recommendations or application, the State or the District Legal Services Authority after due enquiry can award adequate compensation by completing the enquiry within two months.

Decisions as to punishments

Judicial discretion in sentencing

Judicial discretion means that the judiciary is given some discretion to adjudicate certain cases accordingly. Under the doctrine of separation of power, this comes under judicial independence.

The main part of the judicial discretion is present Under Section 360 of the CrPC which gives the power to the Judges to release the convicts on probation. But this power is limited to only a few conditions:

Where the convict is a woman and is not punished for life imprisonment or the death sentence,

Where the convict is above 21 years of age and is not punished for more than 7 years of the term,

Where the convict is under the age of 21 years and he is not punished for the death sentence or life imprisonment.

Also if the crime committed is of such a nature that the punishment awardable cannot be more than 2 years or a simple fine then, having consideration to the various factors connected to the convict, the Court may leave the convict without a sentence at all after mere admonition. The Court also takes steps in case the person does not comply with the rules laid down at the time of release as provided under this Section such as re-arrest of the person. For release under these provisions, it is necessary that either the convict or the surety are residing or attend regular occupation in the jurisdiction of the Court.

The Code through Section 361 makes the application of Section 360 necessary wherever possible and in cases in which there is an exception to state clear reasons. The judge must give special reasons for awarding the punishment which is below the minimum prescribed under the relevant laws of the country. The omission to record the special reason is an irregularity and can set aside the sentence passed on the ground of failure of justice. The Probation of Offenders Act, 1958 is very similar to Section 360 of the CrPC. It is more elaborate in the sense that it explicitly provides for conditions of release order, a supervision order, payment of compensation to the affected party, powers and predicaments of the probation officer and other particulars that might fall in the ambit of the field. Moreover, Section 360 would cease to have any force in the States or parts where the Probation of Offenders Act is in force.

Sentence of death

The old code of 1898, before the normal punishment for the person committing murder, was death and life imprisonment was an exception. The effect was that the Court had the discretion to either give death sentence and life imprisonment. However, in the new code of 1973, which is legislated according to the current scenario, the punishment now to the one committing murder is of life imprisonment and the death sentence is to be given in an exceptional case. The death sentence should be awarded only when the sentence of life imprisonment seems inadequate. The number of victims, however, will not make a case, rarest of the rare.

Where the offence committed is vindictive and done in a pre-planned manner. The offence is committed in a cold-blooded fashion then it will amount to a crime which is rare of the rarest case. Death penalty should be imposed only where the whole society expects the judiciary to award death sentence. While giving death penalty certain conditions should be kept in mind:

Manner of commission of murder,

The motive of the commission of murder,

Anti-social nature of the murder,

The personality of the victim (more).

Sentence of imprisonment

Under Section 354 of the CrPC, when the conviction is for an offence punishable with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of the death sentence, the special reasons for it. Moreover, when the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term less than three months, it shall record its reasons for the same, unless the sentence is one of imprisonment till the rising of the Court or the case was tried summarily.

Sentence of fine

Under Section 357 of the Code, when a Court imposes a sentence of fine or a sentence in which fine is also included then the Court while passing judgment may order the whole or any part of the fine recovered to be applied:

In defraying the expenses incurred during the prosecution.

In the payment to any person as compensation for any loss or injury caused by the offence, when compensation is recoverable in the Civil Court.

When any person is convicted of any offence for causing the death of another person or have encouraged the commission of such an offence, have to pay compensation to the persons who are, under the Fatal Accidents Act, 1855 entitled to recover damages from the person sentenced for the loss resulting to them from such death.

When any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or dishonestly receiving or retaining, or voluntarily assisting in disposing of stolen property knowing or believing the same to be stolen then compensation has to be given to the bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled.

If the fine is imposed in a case which is appealable, no such payment shall be made before the period allowed for presenting the appeal has lapsed, or if an appeal is presented then before the decision of the appeal is delivered.

Moreover, when a Court imposes a sentence, in which fine is not included, the Court while passing judgment may order the accused person to pay, by way of compensation the amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been sentenced. An order can also be made by an Appellate Court or by the High Court or Sessions Court while exercising its powers of revision.

It is important to note that at the time of awarding compensation in any civil suit relating to the same subject matter, the Court will take into consideration any sum paid or recovered as compensation under this Section.

Precautionary and preventive orders

Certain habitual offenders required to notify their whereabouts

Under Section 356 of the CrPC, 1973, when any person, having been convicted by a Court in India of an offence punishable under Section 215, Section 489A, Section 489B, Section 489C or Section 489D or Section 506 of the IPC, 1860, or of any offence punishable under Chapter XII or Chapter XVII of IPC, with imprisonment for a term of three years or more, is again convicted of any offence punishable under any of the above-mentioned Sections or Chapters with imprisonment for a term of three years or more by any Court other than that of a Magistrate of the second class, such Court may, if it deems fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release shall be notified as provided for a term not exceeding five years from the date of the expiration of such sentence. These provisions also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them. However, if the conviction is set aside on appeal or otherwise then such an order will become void.

Moreover, an order under this Section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. The State Government may, by notification, make rules to carry out the provisions of this Section relating to the notification of residence or change of or absence from residence by released convicts. Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.

Compensation and costs

Guilty person to compensate the victim and to pay the costs of the prosecution

Under Section 357A of the CrPC, every State Government has to coordinate with the Central Government and prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and also require rehabilitation.

Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority will decide the quantum of compensation to be awarded under the scheme.

The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

Moreover, under Section 357B The compensation payable by the State Government under Section 357A shall be in addition to the fine to the victim under Section 326A, 376AB, 376D, 376DA, 376DB of the IPC.

In Section 357C, all hospitals, private or public, whether run by the Central Government, State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence mentioned under Section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or Section 376E of the IPC, and shall immediately inform the police regarding the incident.

Successful complainant to get costs in non-cognizable cases under Section 359

Under Section 359 of the Code, it is held that whenever the Court convicts the offender in a non-cognisable offence, then along with the sentence of the crime, it can order the payment of expenses that are borne by the complainant, these expenses would include the fees of the witness, pleaders fees or any other which the Court deems fit. The payment could be made in full or in instalments. In case of default of such payment, the Magistrate may order imprisonment not exceeding thirty days.

Compensation for wrongful arrests under Section 358

Under Section 358, it is stated that in case a person compels the police to arrest another person, which the Magistrate thinks that there is no ground for such arrest, the Magistrate may order compensation not exceeding Rs 1000, to be paid by the person who causes such arrest. The fine is given as a way of compensation for the loss of time and expenses or other matter, as the judge may think fit. If more than one person is arrested on such basis, then each of them should be awarded a compensation not exceeding Rs 100, as the Magistrate thinks fit. Such compensation shall be recovered as a fine and if the person does not pay the compensation then the Magistrate can sentence him to imprisonment not exceeding 30 days unless the compensation is sooner paid.

Pronouncement of judgment

Modes of pronouncing the judgment under Section 353

Under Section 353, of the CrPC, the judgment in every trial in any Criminal Court of original jurisdiction must be pronounced in open Court by the presiding officer just after the termination of the trial or at some subsequent time. The notice of that time shall be given to the parties or their pleaders. The various modes of pronouncement of judgement are:

by delivering the whole judgment.

by reading out the whole judgment.

by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the guilty or his pleader.

If the whole judgment is delivered the presiding officer shall take it down in short-hand, sign the transcript and every page of it as soon as it is made ready, and write on it the date of the delivery of the judgment in the Open Court. However, in practice, the judgements are usually delivered in the fag end of the day so that the transcribed copy of the judgement is available to the judge in the morning itself.

However, where the whole judgment or the operative part of it is read out or as the case may be, it shall be dated and signed by the presiding officer in Open Court and if it is not written with his own hand, every page of the judgment shall be signed by him. This also takes place when the judgment is dictated to the shorthand writer.

Where the operative part of the judgment is pronounced in the manner specified under the Section then whole judgment or a copy of it shall be immediately made available to the parties, or to their pleaders (if they apply for the same) free of cost. The person who is in custody will be brought in the Court to hear the judgement.

If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been exempted and the sentence is only of fine and he is already acquitted. However if there are more than one accused and some of them are not present, the Court can pronounce the judgement in his absence to do away with the undue delay.

No judgment delivered by any Criminal Court shall be considered invalid by reason only in the absence of any party or his pleader on the day or from the place notified for the delivery of it, or of any omission to serve, or any defect in serving the parties or their pleaders, or any of them, the notice of that day and place.

This Section would not limit the extent the provisions of Section 465, of the CrPC.

Court not to alter judgment under Section 362

Under Section 362, it is categorically mentioned that except otherwise provided in the Code, the Court will not alter the Judgement or the order once signed by it to dispose of it, except to correct any clerical or arithmetical errors.

Copy of judgment to be given to the accused and some other persons under Section 363

Section 363 of the CrPC states that when the sentence of imprisonment is pronounced, the guilty must be immediately, given the copy of judgement-free of cost. If the accused applies, the copy of the judgment in his language (if possible) or in the language of the Court shall be translated and given to him in every instance where such a case is appealable. This copy should be given to him free of cost. However if the High Court confirms the death sentence of the accused, then he should be given a copy of the judgement even if he has not applied for the same. Except for these cases, the accused will get a copy of the judgement or order, would be given to him on payment of the specified charges, or in special cases, as the Court shall deem fit, will give it to him free of cost. Moreover, if the appeal to the judgement lies in the higher Court, then the accused must be informed of the time within which he should appeal, and his appeal must be preferred. Moreover, other persons who are not affected by the judgement of the High Court shall get the copy of the same after payment of specified prices and following of certain conditions as ascertained by the High Court in the rules made by it.

Translation of judgment under Section 364

Section 364 of the Code holds that the judgement needs to be filed along with the proceedings. Moreover, if the judgement is recorded in the language that is different from the Court’s language and the Court, the accused requires that the translation needs to be done in the language of the Court, then such judgement needs to be translated.

Court of Session to send a copy of finding and sentence to District Magistrate under Section 365

Under Section 365, it is stated that in cases where the proceedings are held in the Court of Judicial Magistrate or Sessions Judge, the copy of all the findings and the sentence need to be given to the District Magistrate, under whose local jurisdiction the trial is held.

Conclusion

Judgement forms an important part of any legal proceedings, it mentions the decisions that are taken after hearing the argument from both sides and the reason for the same. Chapter XXVII of the Criminal Procedure Code, 1973, gives a detailed description of the judgement in criminal matters. Provisions relating to the language, contents etc are provided. The judgement in cases of a death sentence, fine or imprisonment separate provision is present for delivering of judgement.

References

https://batasnatin.com/law-library/remedial-law/criminal-procedure/655-judgment-definition-and-form-contents.html

https://blog.ipleaders.in/judgement-cr-p-c/

http://www.preservearticles.com/education/pronouncing-the-criminal-case-judgment-in-open-Court/26947

Ratan Lal and Dhiraj, Commentary on Code of Criminal Procedure, 1973.

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marymosley · 6 years ago

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Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases

Out of 204 Cases he was convicted in one case in march 2018 imposing a fine of Rs. 1600/- and details of rest 203 cases are as follows:

Cases Pending

Serial No.

FIR No.

Case No.

Court

IPC Sections Applicable

Other Details / Other Acts / Sections Applicable

Charges Framed

Date on which charges were framed

Appeal Filed

Details and present status of appeal

Cr.No.215/2019, udayapuram Police Station

143, 147, 283, 149

Cr.No.356/2019, Ernakulam Central Police Station

143, 147, 148, 427, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/W 3 of KPDPP & PC ordinance 2019

Cr.No.357/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.358/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.359/2019, Ernakulam Central Police Station

Sec. 151 CrPC

Cr.No.241/2019, kadavanthra Police Station

143, 147, 188, 283, 149,

Sec.117(e) of KP Act

Cr.No.258/2019, Thoppumpadi Police Station

143, 147, 283, 149

Cr.No.197/2019, Mulavukad Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/w 3 of KPDPP & PC Ordinance 2019

Cr.No.315/2019, Kalamasherry Police Station

143, 147, 148, 283, 323, 506(i), 188, 149

Cr.No.269/2019, Palluruthi Police Station

188, 283, 34

Cr.No.318/2019, Ernakulam Town North Police Station

143, 147, 283, 149

Cr.No.207/2019, North Paravoor Police Station

143, 147, 188, 283, 149,

Section 6 of KPWRA & P Act 2011

Cr.No92/2019, Binanipuram Police Station

143, 147, 283, 149

Cr.No.352/2019 Aluva East Police station

143, 147, 283, 149,

Sec.77(i)(b), 121 of KP Act

Cr.No.343/2019, Angamali Police Station

143, 147, 188, 283, 149

Cr.No.119/2019, Vadakara Police Station

143, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.103/2019, Aluva Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.134/2019, Varapuzha Police Station

143, 147, 188, 283, 149

Cr.No.225/2019, Nedumbassery Police Station

143, 145, 147, 188, 283, 149

Cr.No.282/2019, Njarakkal Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.426/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.427/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.428/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.432/2019, Perumbavoor Police Station

341, 323, 325, 294B, 506(i)

Cr.No.202/2019, Piravam Police Station

143, 147, 188, 149

Cr.No.203/2019, Piravam Police Station

143, 147, 447, 506(i), 188, 149

Cr.No.449/2019, Muvattupuzha Police Station

143, 147, 283, 294B, 506(i), 149

Section 4 (i), 6 of KPWRA & P Act 2011

Cr.No.313/2019, kothamangalam Police Station

143, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.98/2019, Kuttampuzha Police Station

143, 188, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.265/2019, Alapy South Police Station

143, 188, 147, 283, 149

Yes

Cr.No.122/2019Kozhikode Police Station

u/s 3 (1), of PDPP Act

Cr.No.247/2019, thodupuzha Police Station

143, 147, 283, 188, 149

Cr.No.78/2019, Idukki Police Station

143, 147, 283, 188, 149

Cr.No.45/2019, Muttam Police Station

143, 283, 294B, 506(i), 149

Cr.No.1437/2018, Aluva East Police Station

CC.No.140/2019

Special ACJM for the Cases against MP/MLA in Kerala

143, 147, 283, 149

Yes

16 Jan 2019

Cr.No.1172/2014, Ernakulam central Police Station, Ernakulam Dist.

CC.No.113/2018, Transferred

ACJM Thiruvananthapuram

U/s 147, 174(A) Railway Act

Cr.No.96/2019, Perinthalmanda Police Station Malapuram Dist.

143, 147, 283, 149

Cr.No.97/2019, Perinthalmanda Police Station Malapuram Dist.

JFCM I Perunthalmanna

143, 147, 283, 149

Cr.No.74/2019, Cheruthuruthi Police Station, Thrissur Dist.

JFCM I Vadakancheri

143, 147, 283, 149

Section 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.42/2019, Mangara Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 188, 149

Section 4 r/w 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.73/2019, Chittoor Police Station Palakkad Dist.

JFCM I Chittoor

143, 147, 283, 188, 149

Cr.No.149/2019, Vadakancherri Police Station

143, 147, 148, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.229/2019, Thrissur Town East police Station

143, 147, 153, 283, 188, 149

Cr.No.81/2019, Erumapetti Police Station

143, 147, 427, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 r/w 3 of KPDPP & PC Ordnance 2019

Cr.No.118/2019, Nedupuzha Police Station

143, 147., 153, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.242/2019, Kunthakulam Police Station

143, 147, 283, 149

Cr.No.176/2019, Vadanapilli Police Station

143, 147, 283, 149

Cr.No.97/2019, Valappad Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.141/2019, Chalakudi Police Station

143, 145, 283, 188, 149

Cr.No.121/2019, Mala Police Station

143, 147, 283, 149

Cr.No.123/2019, Mala Police Station

143, 147, 283, 149

Cr.No.141/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.142/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.165/2019, Irijalakuda Police Station

143, 147, 283, 341, 323, 294B, 506(i), 427, 149

Cr.No.45/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No.46/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No. 52/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.53/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.136/2019, Palakkad South Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.137/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.138/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.41/2019, Meenakshipuram Police Station

143,147,283,149

Cr.No.80/2019, Vadakancherri Police Station

143,147,283,149

Cr.No.73/2019, Shernoor Police Station

143,147,283,149

Cr.No.62/2019, Thrithala Police Station

143,147,283,149

Cr.No.70/2019,Chalicherri Police Station

143,147,283,149

Cr.No.33/2019, Nattukal Police Station

U/s 151 Cr PC

Cr.No.35/2019, Nattukal Police Station

U/s 117(e)KP Act

Cr.No.67/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.68/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.136/2019 Pallakad Town North Police Station

143,147,283,149

Section 4,6 of KPWRA and P Act 2011

Cr.No.53/2019, Mallapuram Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.114/2019, Manjerri Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.92/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.93/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.95/2019, Perunthalmanna Police Station

u/s 151 Cr PC

Cr.No.17/2019, Pandikad Police Station

143,147,188,283,149

Cr.No.18/2019, Pandikad Police Station

u/s 151 Cr PC

Cr.No.29/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.28/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.30/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.21/2019, Vandoor Police Station

143, 147, 188, 283, 506(i), 149

Section 4, 5, 6 of KPWRA & P Act 2011

Cr.No.45/2019, Edavanna Police Station

143, 145, 147, 353, 283, 149

Cr.No.80/2019, Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.81/2019 Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.52/2019, Edakara Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.161/2019, Thirur Police Station

u/s 151 CrPC

Cr.No.44/2019, Kottakkal Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.84/2019, Changaramkulam Police Station

341, 294B, 34

Cr.No.124/2019, Kozhikode Police Station

143, 147, 148, 353, 149

Cr.No.225/2019, Kannur Town Police Station

143, 147, 283, 149

Cr.No.73/2019, Mayil Police Station

u/s 3(i), 4 of PDPP Act

Cr.No.191/2019, Thaliparamb Police Station

143, 147, 283, 149

Cr.No.91/2019, Kalpatta Police Station

143, 147, 283, 149

Cr.No.64/2019, Meppadi Police Station

143, 147, 283, 149

Sec. 117(e) of KP Act

Cr.No.52/2019, Kambalakad Police Station

143, 147, 283, 149

Sec. 120(b) KP Act

Cr.No.170/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.171/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.49/2019, Konichira Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

100

Cr.No.138/2019, Mananthavadi Police Station

143, 147, 283, 149

101

Cr.No.102/2019, Payyoli Police Station

143, 145, 147, 283, 149

102

Cr.No.137/2019, Koyilandi Police Station

143, 145, 147, 283, 149

103

Cr.No.139/2019, Perambra Police Station

143, 145, 147, 283, 149

104

Cr.No.108/2019, Balusherri Police Station

143, 147, 341, 323, 149

105

Cr.No.120/2019, Koduvalli Police Station

143, 145, 147, 283, 149

106

Cr.No.69/2019, Thiruvambadi Police Station

143, 145, 147, 283, 149

107

Cr.No.118/2019, Chevayoor Police Station

143, 145, 147, 283, 149

108

Cr.No.136/2019, Farooq Police Station

143, 147, 283, 149

109

Cr.No.149/2019, Kasaba Police Station

143, 145, 147, 283, 149

110

Cr.No.147/2019, Nallalam Police Station

283, 34

111

Cr.No.93/2019, Mavoor Police Station

143, 147, 283, 149

112

Cr.No.136/2019, Elathoor Police Station

143, 147, 283, 149

113

Cr.No.122/2019, Kunnamangalam Police Station

u/s 3,2(e) of PDPP Act

114

Cr.No.123/2019, Kunnamangalam Police Station

143, 147, 283, 149

115

Cr.No.124/2019, Kunnamangalam Police Station

143, 147, 148, 353, 149

116

Cr.No.152/2019, Medical College Police Station

143, 147, 283, 149

117

Cr.No.119/2019, Chevayoor Police Station

143, 147, 283, 149

118

Cr.No.134/2006, Thiruvananthapuram Contonment Police Station

143, 147, 148, 149, 188, 283, 308, 332, 447

S-3(1) of PDPP Act

119

Cr.No.189/2017, Thiruvananthapuram Musium Police Station

ST No.722/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 39 r/w 121 of KP Act

Yes

21 Feb 2018

120

Cr.No.1834/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

121

Cr.No.1820/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

122

Cr.No.1804/2017, Thiruvananthapuram Musium Police Station

ST No.382/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

Yes

23 Jan 2018

123

Cr.No.960/2016, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188, 332

Yes

12 Jul 2016

124

Cr.No.1329/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

125

Cr.No.822/2018, Thiruvananthapuram Musium Police Station

CC No.523/2018

CJM Court Thiruvananthapuram

143, 144, 147, 149, 283

Yes

16 Oct 0218

126

Cr.No.131/2011, Thiruvananthapuram Musium Police Station

SC No.1758/2016

2nd Additional Sub Court Thiruvananthapuram

143, 147, 149, 332, 308

Yes

13 Oct 2014

127

Cr.No.1522/2018, Thiruvananthapuram Musium Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

128

Cr.No.123/2008, Thiruvananthapuram Contonment Police Station

ST.No.764/2008

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

129

Cr.No.1127/2016, Thiruvananthapuram Contonment Police Station

CC No.1309/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

25 Nov 2017

130

Cr.No.1249/2016, Thiruvananthapuram Contonment Police Station

CC No.1501/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Nov 2018

131

Cr.No.689/2017, Thiruvananthapuram Contonment Police Station

CC No.768/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332

Section 39 r/w 121, 77(B) of KP Act

Yes

24 Jul 2017

132

Cr.No.702/2018, Thiruvananthapuram Contonment Police Station

CC No.827/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

27 Jun 2018

Yes

133

Cr.No.1159/2018, Thiruvananthapuram Contonment Police Station

CC No.1488/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

29 Oct 2018

Yes

134

Cr.No.46/2017, Thiruvananthapuram Contonment Police Station

CC No.187/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

20 Feb 2017

135

Cr.No.279/2018, Thiruvananthapuram Contonment Police Station

CC No.1152/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332, 117

Section 3 (2)(c)of PDPP Act and 39 r/w 121 of KP Act

Yes

22 Sep 2018

136

Cr.No.706/2016, Thiruvananthapuram Contonment Police Station

CC No.1095/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Jul 2016

137

Cr.No.776/2016, Thiruvananthapuram Contonment Police Station

CC No.765/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

138

Cr.No.1133/2016, Thiruvananthapuram Contonment Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

19 Nov 2016

139

Cr.No.934/2017, Thiruvananthapuram Contonment Police Station

ST No.3208/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

14 Sep 2017

140

Cr.No.455/2017, Thiruvananthapuram Contonment Police Station

ST No.1577/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

09 May 2017

141

Cr.No.332/2019, Shasthamkota Police Station, Kollam

323, 341, 427, 34

142

Cr.No.265/2019, Alapppuzha South Police Station, Alappuzha Dist.

JFMC (I) Court Alappuzha

143, 147, 149, 283

143

Cr.No.494/2019, Cherthala Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

144

Cr.No.205/2019, Aroor Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

145

Cr.No.189/2019, Arthungal Police Station, Alappuzha Dist.

Town Hall Kanjikuzhi

143, 147, 149, 283

146

Cr.No.129/2019, Pattanakadu Police Station, Alappuzha Dist.

JFMC (I) Court Cherthala

143, 147, 149, 283

147

Cr.No.200/2019, Muhamma Police Station, Alappuzha Dist.

JFMC (II) Court Cherthala

143, 147, 149, 283

Section 118 KP Act

Yes

148

Cr.No.264/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283

149

Cr.No.265/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283, 341

150

Cr.No.191/2019, manimala Police Station, kottayam Dist.

JFMC (II) Court Kanjirapally

141, 143, 146, 147, 149, 283

151

Cr.No.379/2019, Chingavanam Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

451, 294B, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance Act. 2019

152

Cr.No.244/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

141, 147, 149, 323, 294B, 427, 341 451, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance 2019

153

Cr.No.246/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

143, 145, 147, 149, 283

154

Cr.No.45/2019, Rajakadu Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 144, 147, 283, 188, 149

Yes

22 Feb 2019

155

Cr.No.127/2019, Adimali Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 147, 283, 149

156

Cr.No.73/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumedu

143, 147, 283, 188, 149

157

Cr.No.74/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 144, 147, 148, 283, 324, 353, 332, 188, 149

158

Cr.No.71/2019, Kumali Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 147, 283, 188, 149

159

Cr.No.34/2019, Peruvanthanam Police Station, Idukki Dist.

Town Hall peerumed

283, 341, 188, 353, 109, 34

160

Cr.No.35/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

161

Cr.No.78/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

162

Cr.No.76/2016, Ernakkulam Police Station, Ernakkulam Dist.

CC No.178/2016

Additional Cheif Judicial Magistrate Court Ernakkulam

143, 147, 148, 283, 188, 332, 149

163

Cr.No.1511/2017, Palarivattam Police Station, Ernakkulam Dist.

JFMC IX Ernakkulam

143, 147, 283, 149

164

Cr.No.547/2017, Ernakkulam Central Police Station, Ernakkulam Dist.

CC No.906/2018

JMFC II Ernakkulam

143, 147, 283, 149

Yes

22 Oct 2018

165

Cr.No.2092/2018, Ernakkulam Central Police Station, Ernakkulam Dist.

NC No.7181/2018

JFMC II Ernakkulam, Quashed -High Court on 04-12-2018

332, 353, 34

166

Cr.No.47/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

167

Cr.No.48/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

168

Cr.No.79/2019, Alathoor Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 188, 283, 149

169

Cr.No.41/2019, Kongadu Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 149, 117

170

Cr.No.58/2019, Nenmara Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 283, 188, 149

171

Cr.No.547/2018, Shornoor Police Station, Palakkad Dist

JFCM I Ottapalam

143, 147,332, 353, 188, 149

Section 120 (b) of KP Act

172

Cr.No.66/2019, Pattambi Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

173

Cr.No.27/2019, Koppam Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

174

Cr.No.125/2019, Mannarkadu Police Station, Palakkad Dist

ST No.239/2019

JFCM I mannarkad

143, 147, 283, 149

175

Cr.No.30/2019, Kalladikadu Police Station, Palakkad Dist

ST.No.245/2019

JFCM I mannarkad

143, 147, 283, 149

Yes

176

Cr.No.34/2019, Nattukal Police Station, Palakkad Dist

JFCM I mannarkad

143, 147, 148, 283, 353, 109, 149

Section 4 r/w 6 of KPRAP Act

177

Cr.No.56/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

178

Cr.No.57/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

179

Cr.No.58/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

143, 147, 283, 149

Section 4 r/w 6 of KPRAP Act

180

Cr.No.66/2019, Kuttiyadi Police Station, Kozhikode Dist

JFCM I Nadapuram

143, 147, 283, 153, 149

Section 3(2)(e) of PDPP Act

181

Cr.No.85/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 452, 397, 436, 149

Section 4 of KPDPP and PCO 2019

182

Cr.No.86/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148,323, 436, 149

Section 4 of KPDPP and PCO 2019

183

Cr.No.87/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 149

Section 4 of KPDPP and PCO 2019

184

Cr.No.89/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 506, 149

Section 4 of KPDPP and PCO 2019

185

Cr.No.90/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 149

Section 4 of KPDPP and PCO 2019

186

Cr.No.91/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

187

Cr.No.92/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 3 (1) of KPDPP Act

188

Cr.No.93/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

189

Cr.No.94/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 436, 149

Section 4 of KPDPP and PCO 2019

190

Cr.No.95/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

191

Cr.No.96/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

192

Cr.No.97/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

193

Cr.No.98/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

194

Cr.No.99/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 436, 149

Section 4 of KPDPP and PCO 2019

195

Cr.No.100/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 435, 149

Section 4 of KPDPP and PCO 2019

196

Cr.No.101/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 435, 149

Section 4 of KPDPP and PCO 2019

197

Cr.No.103/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 435, 149

Section 4 of KPDPP and PCO 2019

198

Cr.No.104/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

199

Cr.No.105/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 452, 436, 149

Section 4 of KPDPP and PCO 2019

200

Cr.No.106/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 457, 149

Section 4 of KPDPP and PCO 2019

201

Cr.No.107/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 4 of KPDPP and PCO 2019

202

Cr.No.1875/2017, Bekkal Police Station, Kasarcode Dist

CC No.807/2017

JFCM I Kothamangalam

143, 147, 283, 149

Yes

13 Jul 2017

203

Cr.No.102/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 447, 435, 149

Section 4 of KPDPP and PCO 2019

Sources:

1) http://www.myneta.info/LokSabha2019/candidate.php?candidate_id=8847

2) Affidavit submitted to Election Commission of India

3) ADR Report, dated 25th May 2019

4) https://www.indiatoday.in/elections/lok-sabha-2019/story/bjp-candidate-tops-criminal-case-list-congress-1525725-2019-05-15

The post Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases appeared first on Legal Desire.

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases published first on https://immigrationlawyerto.tumblr.com/

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marymosley · 6 years ago

Text

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases

Out of 204 Cases he was convicted in one case in march 2018 imposing a fine of Rs. 1600/- and details of rest 203 cases are as follows:

Cases Pending

Serial No.

FIR No.

Case No.

Court

IPC Sections Applicable

Other Details / Other Acts / Sections Applicable

Charges Framed

Date on which charges were framed

Appeal Filed

Details and present status of appeal

Cr.No.215/2019, udayapuram Police Station

143, 147, 283, 149

Cr.No.356/2019, Ernakulam Central Police Station

143, 147, 148, 427, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/W 3 of KPDPP & PC ordinance 2019

Cr.No.357/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.358/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.359/2019, Ernakulam Central Police Station

Sec. 151 CrPC

Cr.No.241/2019, kadavanthra Police Station

143, 147, 188, 283, 149,

Sec.117(e) of KP Act

Cr.No.258/2019, Thoppumpadi Police Station

143, 147, 283, 149

Cr.No.197/2019, Mulavukad Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/w 3 of KPDPP & PC Ordinance 2019

Cr.No.315/2019, Kalamasherry Police Station

143, 147, 148, 283, 323, 506(i), 188, 149

Cr.No.269/2019, Palluruthi Police Station

188, 283, 34

Cr.No.318/2019, Ernakulam Town North Police Station

143, 147, 283, 149

Cr.No.207/2019, North Paravoor Police Station

143, 147, 188, 283, 149,

Section 6 of KPWRA & P Act 2011

Cr.No92/2019, Binanipuram Police Station

143, 147, 283, 149

Cr.No.352/2019 Aluva East Police station

143, 147, 283, 149,

Sec.77(i)(b), 121 of KP Act

Cr.No.343/2019, Angamali Police Station

143, 147, 188, 283, 149

Cr.No.119/2019, Vadakara Police Station

143, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.103/2019, Aluva Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.134/2019, Varapuzha Police Station

143, 147, 188, 283, 149

Cr.No.225/2019, Nedumbassery Police Station

143, 145, 147, 188, 283, 149

Cr.No.282/2019, Njarakkal Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.426/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.427/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.428/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.432/2019, Perumbavoor Police Station

341, 323, 325, 294B, 506(i)

Cr.No.202/2019, Piravam Police Station

143, 147, 188, 149

Cr.No.203/2019, Piravam Police Station

143, 147, 447, 506(i), 188, 149

Cr.No.449/2019, Muvattupuzha Police Station

143, 147, 283, 294B, 506(i), 149

Section 4 (i), 6 of KPWRA & P Act 2011

Cr.No.313/2019, kothamangalam Police Station

143, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.98/2019, Kuttampuzha Police Station

143, 188, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.265/2019, Alapy South Police Station

143, 188, 147, 283, 149

Yes

Cr.No.122/2019Kozhikode Police Station

u/s 3 (1), of PDPP Act

Cr.No.247/2019, thodupuzha Police Station

143, 147, 283, 188, 149

Cr.No.78/2019, Idukki Police Station

143, 147, 283, 188, 149

Cr.No.45/2019, Muttam Police Station

143, 283, 294B, 506(i), 149

Cr.No.1437/2018, Aluva East Police Station

CC.No.140/2019

Special ACJM for the Cases against MP/MLA in Kerala

143, 147, 283, 149

Yes

16 Jan 2019

Cr.No.1172/2014, Ernakulam central Police Station, Ernakulam Dist.

CC.No.113/2018, Transferred

ACJM Thiruvananthapuram

U/s 147, 174(A) Railway Act

Cr.No.96/2019, Perinthalmanda Police Station Malapuram Dist.

143, 147, 283, 149

Cr.No.97/2019, Perinthalmanda Police Station Malapuram Dist.

JFCM I Perunthalmanna

143, 147, 283, 149

Cr.No.74/2019, Cheruthuruthi Police Station, Thrissur Dist.

JFCM I Vadakancheri

143, 147, 283, 149

Section 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.42/2019, Mangara Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 188, 149

Section 4 r/w 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.73/2019, Chittoor Police Station Palakkad Dist.

JFCM I Chittoor

143, 147, 283, 188, 149

Cr.No.149/2019, Vadakancherri Police Station

143, 147, 148, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.229/2019, Thrissur Town East police Station

143, 147, 153, 283, 188, 149

Cr.No.81/2019, Erumapetti Police Station

143, 147, 427, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 r/w 3 of KPDPP & PC Ordnance 2019

Cr.No.118/2019, Nedupuzha Police Station

143, 147., 153, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.242/2019, Kunthakulam Police Station

143, 147, 283, 149

Cr.No.176/2019, Vadanapilli Police Station

143, 147, 283, 149

Cr.No.97/2019, Valappad Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.141/2019, Chalakudi Police Station

143, 145, 283, 188, 149

Cr.No.121/2019, Mala Police Station

143, 147, 283, 149

Cr.No.123/2019, Mala Police Station

143, 147, 283, 149

Cr.No.141/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.142/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.165/2019, Irijalakuda Police Station

143, 147, 283, 341, 323, 294B, 506(i), 427, 149

Cr.No.45/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No.46/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No. 52/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.53/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.136/2019, Palakkad South Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.137/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.138/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.41/2019, Meenakshipuram Police Station

143,147,283,149

Cr.No.80/2019, Vadakancherri Police Station

143,147,283,149

Cr.No.73/2019, Shernoor Police Station

143,147,283,149

Cr.No.62/2019, Thrithala Police Station

143,147,283,149

Cr.No.70/2019,Chalicherri Police Station

143,147,283,149

Cr.No.33/2019, Nattukal Police Station

U/s 151 Cr PC

Cr.No.35/2019, Nattukal Police Station

U/s 117(e)KP Act

Cr.No.67/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.68/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.136/2019 Pallakad Town North Police Station

143,147,283,149

Section 4,6 of KPWRA and P Act 2011

Cr.No.53/2019, Mallapuram Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.114/2019, Manjerri Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.92/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.93/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.95/2019, Perunthalmanna Police Station

u/s 151 Cr PC

Cr.No.17/2019, Pandikad Police Station

143,147,188,283,149

Cr.No.18/2019, Pandikad Police Station

u/s 151 Cr PC

Cr.No.29/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.28/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.30/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.21/2019, Vandoor Police Station

143, 147, 188, 283, 506(i), 149

Section 4, 5, 6 of KPWRA & P Act 2011

Cr.No.45/2019, Edavanna Police Station

143, 145, 147, 353, 283, 149

Cr.No.80/2019, Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.81/2019 Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.52/2019, Edakara Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.161/2019, Thirur Police Station

u/s 151 CrPC

Cr.No.44/2019, Kottakkal Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.84/2019, Changaramkulam Police Station

341, 294B, 34

Cr.No.124/2019, Kozhikode Police Station

143, 147, 148, 353, 149

Cr.No.225/2019, Kannur Town Police Station

143, 147, 283, 149

Cr.No.73/2019, Mayil Police Station

u/s 3(i), 4 of PDPP Act

Cr.No.191/2019, Thaliparamb Police Station

143, 147, 283, 149

Cr.No.91/2019, Kalpatta Police Station

143, 147, 283, 149

Cr.No.64/2019, Meppadi Police Station

143, 147, 283, 149

Sec. 117(e) of KP Act

Cr.No.52/2019, Kambalakad Police Station

143, 147, 283, 149

Sec. 120(b) KP Act

Cr.No.170/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.171/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.49/2019, Konichira Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

100

Cr.No.138/2019, Mananthavadi Police Station

143, 147, 283, 149

101

Cr.No.102/2019, Payyoli Police Station

143, 145, 147, 283, 149

102

Cr.No.137/2019, Koyilandi Police Station

143, 145, 147, 283, 149

103

Cr.No.139/2019, Perambra Police Station

143, 145, 147, 283, 149

104

Cr.No.108/2019, Balusherri Police Station

143, 147, 341, 323, 149

105

Cr.No.120/2019, Koduvalli Police Station

143, 145, 147, 283, 149

106

Cr.No.69/2019, Thiruvambadi Police Station

143, 145, 147, 283, 149

107

Cr.No.118/2019, Chevayoor Police Station

143, 145, 147, 283, 149

108

Cr.No.136/2019, Farooq Police Station

143, 147, 283, 149

109

Cr.No.149/2019, Kasaba Police Station

143, 145, 147, 283, 149

110

Cr.No.147/2019, Nallalam Police Station

283, 34

111

Cr.No.93/2019, Mavoor Police Station

143, 147, 283, 149

112

Cr.No.136/2019, Elathoor Police Station

143, 147, 283, 149

113

Cr.No.122/2019, Kunnamangalam Police Station

u/s 3,2(e) of PDPP Act

114

Cr.No.123/2019, Kunnamangalam Police Station

143, 147, 283, 149

115

Cr.No.124/2019, Kunnamangalam Police Station

143, 147, 148, 353, 149

116

Cr.No.152/2019, Medical College Police Station

143, 147, 283, 149

117

Cr.No.119/2019, Chevayoor Police Station

143, 147, 283, 149

118

Cr.No.134/2006, Thiruvananthapuram Contonment Police Station

143, 147, 148, 149, 188, 283, 308, 332, 447

S-3(1) of PDPP Act

119

Cr.No.189/2017, Thiruvananthapuram Musium Police Station

ST No.722/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 39 r/w 121 of KP Act

Yes

21 Feb 2018

120

Cr.No.1834/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

121

Cr.No.1820/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

122

Cr.No.1804/2017, Thiruvananthapuram Musium Police Station

ST No.382/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

Yes

23 Jan 2018

123

Cr.No.960/2016, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188, 332

Yes

12 Jul 2016

124

Cr.No.1329/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

125

Cr.No.822/2018, Thiruvananthapuram Musium Police Station

CC No.523/2018

CJM Court Thiruvananthapuram

143, 144, 147, 149, 283

Yes

16 Oct 0218

126

Cr.No.131/2011, Thiruvananthapuram Musium Police Station

SC No.1758/2016

2nd Additional Sub Court Thiruvananthapuram

143, 147, 149, 332, 308

Yes

13 Oct 2014

127

Cr.No.1522/2018, Thiruvananthapuram Musium Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

128

Cr.No.123/2008, Thiruvananthapuram Contonment Police Station

ST.No.764/2008

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

129

Cr.No.1127/2016, Thiruvananthapuram Contonment Police Station

CC No.1309/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

25 Nov 2017

130

Cr.No.1249/2016, Thiruvananthapuram Contonment Police Station

CC No.1501/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Nov 2018

131

Cr.No.689/2017, Thiruvananthapuram Contonment Police Station

CC No.768/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332

Section 39 r/w 121, 77(B) of KP Act

Yes

24 Jul 2017

132

Cr.No.702/2018, Thiruvananthapuram Contonment Police Station

CC No.827/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

27 Jun 2018

Yes

133

Cr.No.1159/2018, Thiruvananthapuram Contonment Police Station

CC No.1488/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

29 Oct 2018

Yes

134

Cr.No.46/2017, Thiruvananthapuram Contonment Police Station

CC No.187/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

20 Feb 2017

135

Cr.No.279/2018, Thiruvananthapuram Contonment Police Station

CC No.1152/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332, 117

Section 3 (2)(c)of PDPP Act and 39 r/w 121 of KP Act

Yes

22 Sep 2018

136

Cr.No.706/2016, Thiruvananthapuram Contonment Police Station

CC No.1095/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Jul 2016

137

Cr.No.776/2016, Thiruvananthapuram Contonment Police Station

CC No.765/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

138

Cr.No.1133/2016, Thiruvananthapuram Contonment Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

19 Nov 2016

139

Cr.No.934/2017, Thiruvananthapuram Contonment Police Station

ST No.3208/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

14 Sep 2017

140

Cr.No.455/2017, Thiruvananthapuram Contonment Police Station

ST No.1577/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

09 May 2017

141

Cr.No.332/2019, Shasthamkota Police Station, Kollam

323, 341, 427, 34

142

Cr.No.265/2019, Alapppuzha South Police Station, Alappuzha Dist.

JFMC (I) Court Alappuzha

143, 147, 149, 283

143

Cr.No.494/2019, Cherthala Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

144

Cr.No.205/2019, Aroor Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

145

Cr.No.189/2019, Arthungal Police Station, Alappuzha Dist.

Town Hall Kanjikuzhi

143, 147, 149, 283

146

Cr.No.129/2019, Pattanakadu Police Station, Alappuzha Dist.

JFMC (I) Court Cherthala

143, 147, 149, 283

147

Cr.No.200/2019, Muhamma Police Station, Alappuzha Dist.

JFMC (II) Court Cherthala

143, 147, 149, 283

Section 118 KP Act

Yes

148

Cr.No.264/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283

149

Cr.No.265/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283, 341

150

Cr.No.191/2019, manimala Police Station, kottayam Dist.

JFMC (II) Court Kanjirapally

141, 143, 146, 147, 149, 283

151

Cr.No.379/2019, Chingavanam Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

451, 294B, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance Act. 2019

152

Cr.No.244/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

141, 147, 149, 323, 294B, 427, 341 451, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance 2019

153

Cr.No.246/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

143, 145, 147, 149, 283

154

Cr.No.45/2019, Rajakadu Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 144, 147, 283, 188, 149

Yes

22 Feb 2019

155

Cr.No.127/2019, Adimali Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 147, 283, 149

156

Cr.No.73/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumedu

143, 147, 283, 188, 149

157

Cr.No.74/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 144, 147, 148, 283, 324, 353, 332, 188, 149

158

Cr.No.71/2019, Kumali Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 147, 283, 188, 149

159

Cr.No.34/2019, Peruvanthanam Police Station, Idukki Dist.

Town Hall peerumed

283, 341, 188, 353, 109, 34

160

Cr.No.35/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

161

Cr.No.78/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

162

Cr.No.76/2016, Ernakkulam Police Station, Ernakkulam Dist.

CC No.178/2016

Additional Cheif Judicial Magistrate Court Ernakkulam

143, 147, 148, 283, 188, 332, 149

163

Cr.No.1511/2017, Palarivattam Police Station, Ernakkulam Dist.

JFMC IX Ernakkulam

143, 147, 283, 149

164

Cr.No.547/2017, Ernakkulam Central Police Station, Ernakkulam Dist.

CC No.906/2018

JMFC II Ernakkulam

143, 147, 283, 149

Yes

22 Oct 2018

165

Cr.No.2092/2018, Ernakkulam Central Police Station, Ernakkulam Dist.

NC No.7181/2018

JFMC II Ernakkulam, Quashed -High Court on 04-12-2018

332, 353, 34

166

Cr.No.47/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

167

Cr.No.48/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

168

Cr.No.79/2019, Alathoor Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 188, 283, 149

169

Cr.No.41/2019, Kongadu Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 149, 117

170

Cr.No.58/2019, Nenmara Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 283, 188, 149

171

Cr.No.547/2018, Shornoor Police Station, Palakkad Dist

JFCM I Ottapalam

143, 147,332, 353, 188, 149

Section 120 (b) of KP Act

172

Cr.No.66/2019, Pattambi Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

173

Cr.No.27/2019, Koppam Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

174

Cr.No.125/2019, Mannarkadu Police Station, Palakkad Dist

ST No.239/2019

JFCM I mannarkad

143, 147, 283, 149

175

Cr.No.30/2019, Kalladikadu Police Station, Palakkad Dist

ST.No.245/2019

JFCM I mannarkad

143, 147, 283, 149

Yes

176

Cr.No.34/2019, Nattukal Police Station, Palakkad Dist

JFCM I mannarkad

143, 147, 148, 283, 353, 109, 149

Section 4 r/w 6 of KPRAP Act

177

Cr.No.56/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

178

Cr.No.57/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

179

Cr.No.58/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

143, 147, 283, 149

Section 4 r/w 6 of KPRAP Act

180

Cr.No.66/2019, Kuttiyadi Police Station, Kozhikode Dist

JFCM I Nadapuram

143, 147, 283, 153, 149

Section 3(2)(e) of PDPP Act

181

Cr.No.85/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 452, 397, 436, 149

Section 4 of KPDPP and PCO 2019

182

Cr.No.86/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148,323, 436, 149

Section 4 of KPDPP and PCO 2019

183

Cr.No.87/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 149

Section 4 of KPDPP and PCO 2019

184

Cr.No.89/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 506, 149

Section 4 of KPDPP and PCO 2019

185

Cr.No.90/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 149

Section 4 of KPDPP and PCO 2019

186

Cr.No.91/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

187

Cr.No.92/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 3 (1) of KPDPP Act

188

Cr.No.93/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

189

Cr.No.94/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 436, 149

Section 4 of KPDPP and PCO 2019

190

Cr.No.95/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

191

Cr.No.96/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

192

Cr.No.97/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

193

Cr.No.98/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

194

Cr.No.99/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 436, 149

Section 4 of KPDPP and PCO 2019

195

Cr.No.100/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 435, 149

Section 4 of KPDPP and PCO 2019

196

Cr.No.101/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 435, 149

Section 4 of KPDPP and PCO 2019

197

Cr.No.103/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 435, 149

Section 4 of KPDPP and PCO 2019

198

Cr.No.104/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

199

Cr.No.105/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 452, 436, 149

Section 4 of KPDPP and PCO 2019

200

Cr.No.106/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 457, 149

Section 4 of KPDPP and PCO 2019

201

Cr.No.107/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 4 of KPDPP and PCO 2019

202

Cr.No.1875/2017, Bekkal Police Station, Kasarcode Dist

CC No.807/2017

JFCM I Kothamangalam

143, 147, 283, 149

Yes

13 Jul 2017

203

Cr.No.102/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 447, 435, 149

Section 4 of KPDPP and PCO 2019

Sources:

1) http://www.myneta.info/LokSabha2019/candidate.php?candidate_id=8847

2) Affidavit submitted to Election Commission of India

3) ADR Report, dated 25th May 2019

4) https://www.indiatoday.in/elections/lok-sabha-2019/story/bjp-candidate-tops-criminal-case-list-congress-1525725-2019-05-15

The post Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases appeared first on Legal Desire.

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases published first on https://immigrationlawyerto.tumblr.com/

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marymosley · 6 years ago

Text

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases

Out of 204 Cases he was convicted in one case in march 2018 imposing a fine of Rs. 1600/- and details of rest 203 cases are as follows:

Cases Pending

Serial No.

FIR No.

Case No.

Court

IPC Sections Applicable

Other Details / Other Acts / Sections Applicable

Charges Framed

Date on which charges were framed

Appeal Filed

Details and present status of appeal

Cr.No.215/2019, udayapuram Police Station

143, 147, 283, 149

Cr.No.356/2019, Ernakulam Central Police Station

143, 147, 148, 427, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/W 3 of KPDPP & PC ordinance 2019

Cr.No.357/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.358/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.359/2019, Ernakulam Central Police Station

Sec. 151 CrPC

Cr.No.241/2019, kadavanthra Police Station

143, 147, 188, 283, 149,

Sec.117(e) of KP Act

Cr.No.258/2019, Thoppumpadi Police Station

143, 147, 283, 149

Cr.No.197/2019, Mulavukad Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/w 3 of KPDPP & PC Ordinance 2019

Cr.No.315/2019, Kalamasherry Police Station

143, 147, 148, 283, 323, 506(i), 188, 149

Cr.No.269/2019, Palluruthi Police Station

188, 283, 34

Cr.No.318/2019, Ernakulam Town North Police Station

143, 147, 283, 149

Cr.No.207/2019, North Paravoor Police Station

143, 147, 188, 283, 149,

Section 6 of KPWRA & P Act 2011

Cr.No92/2019, Binanipuram Police Station

143, 147, 283, 149

Cr.No.352/2019 Aluva East Police station

143, 147, 283, 149,

Sec.77(i)(b), 121 of KP Act

Cr.No.343/2019, Angamali Police Station

143, 147, 188, 283, 149

Cr.No.119/2019, Vadakara Police Station

143, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.103/2019, Aluva Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.134/2019, Varapuzha Police Station

143, 147, 188, 283, 149

Cr.No.225/2019, Nedumbassery Police Station

143, 145, 147, 188, 283, 149

Cr.No.282/2019, Njarakkal Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.426/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.427/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.428/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.432/2019, Perumbavoor Police Station

341, 323, 325, 294B, 506(i)

Cr.No.202/2019, Piravam Police Station

143, 147, 188, 149

Cr.No.203/2019, Piravam Police Station

143, 147, 447, 506(i), 188, 149

Cr.No.449/2019, Muvattupuzha Police Station

143, 147, 283, 294B, 506(i), 149

Section 4 (i), 6 of KPWRA & P Act 2011

Cr.No.313/2019, kothamangalam Police Station

143, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.98/2019, Kuttampuzha Police Station

143, 188, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.265/2019, Alapy South Police Station

143, 188, 147, 283, 149

Yes

Cr.No.122/2019Kozhikode Police Station

u/s 3 (1), of PDPP Act

Cr.No.247/2019, thodupuzha Police Station

143, 147, 283, 188, 149

Cr.No.78/2019, Idukki Police Station

143, 147, 283, 188, 149

Cr.No.45/2019, Muttam Police Station

143, 283, 294B, 506(i), 149

Cr.No.1437/2018, Aluva East Police Station

CC.No.140/2019

Special ACJM for the Cases against MP/MLA in Kerala

143, 147, 283, 149

Yes

16 Jan 2019

Cr.No.1172/2014, Ernakulam central Police Station, Ernakulam Dist.

CC.No.113/2018, Transferred

ACJM Thiruvananthapuram

U/s 147, 174(A) Railway Act

Cr.No.96/2019, Perinthalmanda Police Station Malapuram Dist.

143, 147, 283, 149

Cr.No.97/2019, Perinthalmanda Police Station Malapuram Dist.

JFCM I Perunthalmanna

143, 147, 283, 149

Cr.No.74/2019, Cheruthuruthi Police Station, Thrissur Dist.

JFCM I Vadakancheri

143, 147, 283, 149

Section 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.42/2019, Mangara Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 188, 149

Section 4 r/w 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.73/2019, Chittoor Police Station Palakkad Dist.

JFCM I Chittoor

143, 147, 283, 188, 149

Cr.No.149/2019, Vadakancherri Police Station

143, 147, 148, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.229/2019, Thrissur Town East police Station

143, 147, 153, 283, 188, 149

Cr.No.81/2019, Erumapetti Police Station

143, 147, 427, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 r/w 3 of KPDPP & PC Ordnance 2019

Cr.No.118/2019, Nedupuzha Police Station

143, 147., 153, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.242/2019, Kunthakulam Police Station

143, 147, 283, 149

Cr.No.176/2019, Vadanapilli Police Station

143, 147, 283, 149

Cr.No.97/2019, Valappad Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.141/2019, Chalakudi Police Station

143, 145, 283, 188, 149

Cr.No.121/2019, Mala Police Station

143, 147, 283, 149

Cr.No.123/2019, Mala Police Station

143, 147, 283, 149

Cr.No.141/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.142/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.165/2019, Irijalakuda Police Station

143, 147, 283, 341, 323, 294B, 506(i), 427, 149

Cr.No.45/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No.46/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No. 52/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.53/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.136/2019, Palakkad South Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.137/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.138/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.41/2019, Meenakshipuram Police Station

143,147,283,149

Cr.No.80/2019, Vadakancherri Police Station

143,147,283,149

Cr.No.73/2019, Shernoor Police Station

143,147,283,149

Cr.No.62/2019, Thrithala Police Station

143,147,283,149

Cr.No.70/2019,Chalicherri Police Station

143,147,283,149

Cr.No.33/2019, Nattukal Police Station

U/s 151 Cr PC

Cr.No.35/2019, Nattukal Police Station

U/s 117(e)KP Act

Cr.No.67/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.68/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.136/2019 Pallakad Town North Police Station

143,147,283,149

Section 4,6 of KPWRA and P Act 2011

Cr.No.53/2019, Mallapuram Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.114/2019, Manjerri Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.92/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.93/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.95/2019, Perunthalmanna Police Station

u/s 151 Cr PC

Cr.No.17/2019, Pandikad Police Station

143,147,188,283,149

Cr.No.18/2019, Pandikad Police Station

u/s 151 Cr PC

Cr.No.29/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.28/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.30/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.21/2019, Vandoor Police Station

143, 147, 188, 283, 506(i), 149

Section 4, 5, 6 of KPWRA & P Act 2011

Cr.No.45/2019, Edavanna Police Station

143, 145, 147, 353, 283, 149

Cr.No.80/2019, Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.81/2019 Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.52/2019, Edakara Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.161/2019, Thirur Police Station

u/s 151 CrPC

Cr.No.44/2019, Kottakkal Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.84/2019, Changaramkulam Police Station

341, 294B, 34

Cr.No.124/2019, Kozhikode Police Station

143, 147, 148, 353, 149

Cr.No.225/2019, Kannur Town Police Station

143, 147, 283, 149

Cr.No.73/2019, Mayil Police Station

u/s 3(i), 4 of PDPP Act

Cr.No.191/2019, Thaliparamb Police Station

143, 147, 283, 149

Cr.No.91/2019, Kalpatta Police Station

143, 147, 283, 149

Cr.No.64/2019, Meppadi Police Station

143, 147, 283, 149

Sec. 117(e) of KP Act

Cr.No.52/2019, Kambalakad Police Station

143, 147, 283, 149

Sec. 120(b) KP Act

Cr.No.170/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.171/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.49/2019, Konichira Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

100

Cr.No.138/2019, Mananthavadi Police Station

143, 147, 283, 149

101

Cr.No.102/2019, Payyoli Police Station

143, 145, 147, 283, 149

102

Cr.No.137/2019, Koyilandi Police Station

143, 145, 147, 283, 149

103

Cr.No.139/2019, Perambra Police Station

143, 145, 147, 283, 149

104

Cr.No.108/2019, Balusherri Police Station

143, 147, 341, 323, 149

105

Cr.No.120/2019, Koduvalli Police Station

143, 145, 147, 283, 149

106

Cr.No.69/2019, Thiruvambadi Police Station

143, 145, 147, 283, 149

107

Cr.No.118/2019, Chevayoor Police Station

143, 145, 147, 283, 149

108

Cr.No.136/2019, Farooq Police Station

143, 147, 283, 149

109

Cr.No.149/2019, Kasaba Police Station

143, 145, 147, 283, 149

110

Cr.No.147/2019, Nallalam Police Station

283, 34

111

Cr.No.93/2019, Mavoor Police Station

143, 147, 283, 149

112

Cr.No.136/2019, Elathoor Police Station

143, 147, 283, 149

113

Cr.No.122/2019, Kunnamangalam Police Station

u/s 3,2(e) of PDPP Act

114

Cr.No.123/2019, Kunnamangalam Police Station

143, 147, 283, 149

115

Cr.No.124/2019, Kunnamangalam Police Station

143, 147, 148, 353, 149

116

Cr.No.152/2019, Medical College Police Station

143, 147, 283, 149

117

Cr.No.119/2019, Chevayoor Police Station

143, 147, 283, 149

118

Cr.No.134/2006, Thiruvananthapuram Contonment Police Station

143, 147, 148, 149, 188, 283, 308, 332, 447

S-3(1) of PDPP Act

119

Cr.No.189/2017, Thiruvananthapuram Musium Police Station

ST No.722/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 39 r/w 121 of KP Act

Yes

21 Feb 2018

120

Cr.No.1834/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

121

Cr.No.1820/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

122

Cr.No.1804/2017, Thiruvananthapuram Musium Police Station

ST No.382/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

Yes

23 Jan 2018

123

Cr.No.960/2016, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188, 332

Yes

12 Jul 2016

124

Cr.No.1329/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

125

Cr.No.822/2018, Thiruvananthapuram Musium Police Station

CC No.523/2018

CJM Court Thiruvananthapuram

143, 144, 147, 149, 283

Yes

16 Oct 0218

126

Cr.No.131/2011, Thiruvananthapuram Musium Police Station

SC No.1758/2016

2nd Additional Sub Court Thiruvananthapuram

143, 147, 149, 332, 308

Yes

13 Oct 2014

127

Cr.No.1522/2018, Thiruvananthapuram Musium Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

128

Cr.No.123/2008, Thiruvananthapuram Contonment Police Station

ST.No.764/2008

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

129

Cr.No.1127/2016, Thiruvananthapuram Contonment Police Station

CC No.1309/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

25 Nov 2017

130

Cr.No.1249/2016, Thiruvananthapuram Contonment Police Station

CC No.1501/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Nov 2018

131

Cr.No.689/2017, Thiruvananthapuram Contonment Police Station

CC No.768/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332

Section 39 r/w 121, 77(B) of KP Act

Yes

24 Jul 2017

132

Cr.No.702/2018, Thiruvananthapuram Contonment Police Station

CC No.827/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

27 Jun 2018

Yes

133

Cr.No.1159/2018, Thiruvananthapuram Contonment Police Station

CC No.1488/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

29 Oct 2018

Yes

134

Cr.No.46/2017, Thiruvananthapuram Contonment Police Station

CC No.187/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

20 Feb 2017

135

Cr.No.279/2018, Thiruvananthapuram Contonment Police Station

CC No.1152/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332, 117

Section 3 (2)(c)of PDPP Act and 39 r/w 121 of KP Act

Yes

22 Sep 2018

136

Cr.No.706/2016, Thiruvananthapuram Contonment Police Station

CC No.1095/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Jul 2016

137

Cr.No.776/2016, Thiruvananthapuram Contonment Police Station

CC No.765/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

138

Cr.No.1133/2016, Thiruvananthapuram Contonment Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

19 Nov 2016

139

Cr.No.934/2017, Thiruvananthapuram Contonment Police Station

ST No.3208/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

14 Sep 2017

140

Cr.No.455/2017, Thiruvananthapuram Contonment Police Station

ST No.1577/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

09 May 2017

141

Cr.No.332/2019, Shasthamkota Police Station, Kollam

323, 341, 427, 34

142

Cr.No.265/2019, Alapppuzha South Police Station, Alappuzha Dist.

JFMC (I) Court Alappuzha

143, 147, 149, 283

143

Cr.No.494/2019, Cherthala Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

144

Cr.No.205/2019, Aroor Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

145

Cr.No.189/2019, Arthungal Police Station, Alappuzha Dist.

Town Hall Kanjikuzhi

143, 147, 149, 283

146

Cr.No.129/2019, Pattanakadu Police Station, Alappuzha Dist.

JFMC (I) Court Cherthala

143, 147, 149, 283

147

Cr.No.200/2019, Muhamma Police Station, Alappuzha Dist.

JFMC (II) Court Cherthala

143, 147, 149, 283

Section 118 KP Act

Yes

148

Cr.No.264/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283

149

Cr.No.265/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283, 341

150

Cr.No.191/2019, manimala Police Station, kottayam Dist.

JFMC (II) Court Kanjirapally

141, 143, 146, 147, 149, 283

151

Cr.No.379/2019, Chingavanam Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

451, 294B, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance Act. 2019

152

Cr.No.244/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

141, 147, 149, 323, 294B, 427, 341 451, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance 2019

153

Cr.No.246/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

143, 145, 147, 149, 283

154

Cr.No.45/2019, Rajakadu Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 144, 147, 283, 188, 149

Yes

22 Feb 2019

155

Cr.No.127/2019, Adimali Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 147, 283, 149

156

Cr.No.73/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumedu

143, 147, 283, 188, 149

157

Cr.No.74/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 144, 147, 148, 283, 324, 353, 332, 188, 149

158

Cr.No.71/2019, Kumali Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 147, 283, 188, 149

159

Cr.No.34/2019, Peruvanthanam Police Station, Idukki Dist.

Town Hall peerumed

283, 341, 188, 353, 109, 34

160

Cr.No.35/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

161

Cr.No.78/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

162

Cr.No.76/2016, Ernakkulam Police Station, Ernakkulam Dist.

CC No.178/2016

Additional Cheif Judicial Magistrate Court Ernakkulam

143, 147, 148, 283, 188, 332, 149

163

Cr.No.1511/2017, Palarivattam Police Station, Ernakkulam Dist.

JFMC IX Ernakkulam

143, 147, 283, 149

164

Cr.No.547/2017, Ernakkulam Central Police Station, Ernakkulam Dist.

CC No.906/2018

JMFC II Ernakkulam

143, 147, 283, 149

Yes

22 Oct 2018

165

Cr.No.2092/2018, Ernakkulam Central Police Station, Ernakkulam Dist.

NC No.7181/2018

JFMC II Ernakkulam, Quashed -High Court on 04-12-2018

332, 353, 34

166

Cr.No.47/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

167

Cr.No.48/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

168

Cr.No.79/2019, Alathoor Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 188, 283, 149

169

Cr.No.41/2019, Kongadu Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 149, 117

170

Cr.No.58/2019, Nenmara Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 283, 188, 149

171

Cr.No.547/2018, Shornoor Police Station, Palakkad Dist

JFCM I Ottapalam

143, 147,332, 353, 188, 149

Section 120 (b) of KP Act

172

Cr.No.66/2019, Pattambi Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

173

Cr.No.27/2019, Koppam Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

174

Cr.No.125/2019, Mannarkadu Police Station, Palakkad Dist

ST No.239/2019

JFCM I mannarkad

143, 147, 283, 149

175

Cr.No.30/2019, Kalladikadu Police Station, Palakkad Dist

ST.No.245/2019

JFCM I mannarkad

143, 147, 283, 149

Yes

176

Cr.No.34/2019, Nattukal Police Station, Palakkad Dist

JFCM I mannarkad

143, 147, 148, 283, 353, 109, 149

Section 4 r/w 6 of KPRAP Act

177

Cr.No.56/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

178

Cr.No.57/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

179

Cr.No.58/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

143, 147, 283, 149

Section 4 r/w 6 of KPRAP Act

180

Cr.No.66/2019, Kuttiyadi Police Station, Kozhikode Dist

JFCM I Nadapuram

143, 147, 283, 153, 149

Section 3(2)(e) of PDPP Act

181

Cr.No.85/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 452, 397, 436, 149

Section 4 of KPDPP and PCO 2019

182

Cr.No.86/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148,323, 436, 149

Section 4 of KPDPP and PCO 2019

183

Cr.No.87/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 149

Section 4 of KPDPP and PCO 2019

184

Cr.No.89/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 506, 149

Section 4 of KPDPP and PCO 2019

185

Cr.No.90/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 149

Section 4 of KPDPP and PCO 2019

186

Cr.No.91/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

187

Cr.No.92/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 3 (1) of KPDPP Act

188

Cr.No.93/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

189

Cr.No.94/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 436, 149

Section 4 of KPDPP and PCO 2019

190

Cr.No.95/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

191

Cr.No.96/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

192

Cr.No.97/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

193

Cr.No.98/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

194

Cr.No.99/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 436, 149

Section 4 of KPDPP and PCO 2019

195

Cr.No.100/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 435, 149

Section 4 of KPDPP and PCO 2019

196

Cr.No.101/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 435, 149

Section 4 of KPDPP and PCO 2019

197

Cr.No.103/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 435, 149

Section 4 of KPDPP and PCO 2019

198

Cr.No.104/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

199

Cr.No.105/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 452, 436, 149

Section 4 of KPDPP and PCO 2019

200

Cr.No.106/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 457, 149

Section 4 of KPDPP and PCO 2019

201

Cr.No.107/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 4 of KPDPP and PCO 2019

202

Cr.No.1875/2017, Bekkal Police Station, Kasarcode Dist

CC No.807/2017

JFCM I Kothamangalam

143, 147, 283, 149

Yes

13 Jul 2017

203

Cr.No.102/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 447, 435, 149

Section 4 of KPDPP and PCO 2019

Sources:

1) http://www.myneta.info/LokSabha2019/candidate.php?candidate_id=8847

2) Affidavit submitted to Election Commission of India

3) ADR Report, dated 25th May 2019

4) https://www.indiatoday.in/elections/lok-sabha-2019/story/bjp-candidate-tops-criminal-case-list-congress-1525725-2019-05-15

The post Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases appeared first on Legal Desire.

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases published first on https://immigrationlawyerto.tumblr.com/

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marymosley · 6 years ago

Text

Meet Lawyer Dean Kuriakose, a winning INC MP from Kerala with 204 criminal cases

Out of 204 Cases he was convicted in one case in march 2018 imposing a fine of Rs. 1600/- and details of rest 203 cases are as follows:

Cases Pending

Serial No.

FIR No.

Case No.

Court

IPC Sections Applicable

Other Details / Other Acts / Sections Applicable

Charges Framed

Date on which charges were framed

Appeal Filed

Details and present status of appeal

Cr.No.215/2019, udayapuram Police Station

143, 147, 283, 149

Cr.No.356/2019, Ernakulam Central Police Station

143, 147, 148, 427, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/W 3 of KPDPP & PC ordinance 2019

Cr.No.357/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.358/2019, Ernakulam Central Police Station

143, 147, 188, 283, 149

Cr.No.359/2019, Ernakulam Central Police Station

Sec. 151 CrPC

Cr.No.241/2019, kadavanthra Police Station

143, 147, 188, 283, 149,

Sec.117(e) of KP Act

Cr.No.258/2019, Thoppumpadi Police Station

143, 147, 283, 149

Cr.No.197/2019, Mulavukad Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 R/w 3 of KPDPP & PC Ordinance 2019

Cr.No.315/2019, Kalamasherry Police Station

143, 147, 148, 283, 323, 506(i), 188, 149

Cr.No.269/2019, Palluruthi Police Station

188, 283, 34

Cr.No.318/2019, Ernakulam Town North Police Station

143, 147, 283, 149

Cr.No.207/2019, North Paravoor Police Station

143, 147, 188, 283, 149,

Section 6 of KPWRA & P Act 2011

Cr.No92/2019, Binanipuram Police Station

143, 147, 283, 149

Cr.No.352/2019 Aluva East Police station

143, 147, 283, 149,

Sec.77(i)(b), 121 of KP Act

Cr.No.343/2019, Angamali Police Station

143, 147, 188, 283, 149

Cr.No.119/2019, Vadakara Police Station

143, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.103/2019, Aluva Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.134/2019, Varapuzha Police Station

143, 147, 188, 283, 149

Cr.No.225/2019, Nedumbassery Police Station

143, 145, 147, 188, 283, 149

Cr.No.282/2019, Njarakkal Police Station

143, 147, 188, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.426/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.427/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.428/2019, Perumbavoor Police Station

143, 144, 147, 283, 149

Cr.No.432/2019, Perumbavoor Police Station

341, 323, 325, 294B, 506(i)

Cr.No.202/2019, Piravam Police Station

143, 147, 188, 149

Cr.No.203/2019, Piravam Police Station

143, 147, 447, 506(i), 188, 149

Cr.No.449/2019, Muvattupuzha Police Station

143, 147, 283, 294B, 506(i), 149

Section 4 (i), 6 of KPWRA & P Act 2011

Cr.No.313/2019, kothamangalam Police Station

143, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.98/2019, Kuttampuzha Police Station

143, 188, 147, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.265/2019, Alapy South Police Station

143, 188, 147, 283, 149

Yes

Cr.No.122/2019Kozhikode Police Station

u/s 3 (1), of PDPP Act

Cr.No.247/2019, thodupuzha Police Station

143, 147, 283, 188, 149

Cr.No.78/2019, Idukki Police Station

143, 147, 283, 188, 149

Cr.No.45/2019, Muttam Police Station

143, 283, 294B, 506(i), 149

Cr.No.1437/2018, Aluva East Police Station

CC.No.140/2019

Special ACJM for the Cases against MP/MLA in Kerala

143, 147, 283, 149

Yes

16 Jan 2019

Cr.No.1172/2014, Ernakulam central Police Station, Ernakulam Dist.

CC.No.113/2018, Transferred

ACJM Thiruvananthapuram

U/s 147, 174(A) Railway Act

Cr.No.96/2019, Perinthalmanda Police Station Malapuram Dist.

143, 147, 283, 149

Cr.No.97/2019, Perinthalmanda Police Station Malapuram Dist.

JFCM I Perunthalmanna

143, 147, 283, 149

Cr.No.74/2019, Cheruthuruthi Police Station, Thrissur Dist.

JFCM I Vadakancheri

143, 147, 283, 149

Section 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.42/2019, Mangara Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 188, 149

Section 4 r/w 6 Kerala public Ways (Restriction of Assembilies and Procession Act)2011

Cr.No.73/2019, Chittoor Police Station Palakkad Dist.

JFCM I Chittoor

143, 147, 283, 188, 149

Cr.No.149/2019, Vadakancherri Police Station

143, 147, 148, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.229/2019, Thrissur Town East police Station

143, 147, 153, 283, 188, 149

Cr.No.81/2019, Erumapetti Police Station

143, 147, 427, 283, 149

Section 6 of KPWRA & P Act 2011 and Section 4 r/w 3 of KPDPP & PC Ordnance 2019

Cr.No.118/2019, Nedupuzha Police Station

143, 147., 153, 283, 149

Section 6 of KPWRA & P Act 2011

Cr.No.242/2019, Kunthakulam Police Station

143, 147, 283, 149

Cr.No.176/2019, Vadanapilli Police Station

143, 147, 283, 149

Cr.No.97/2019, Valappad Police Station

143, 147, 283, 188, 149

Section 6 of KPWRA & P Act 2011

Cr.No.141/2019, Chalakudi Police Station

143, 145, 283, 188, 149

Cr.No.121/2019, Mala Police Station

143, 147, 283, 149

Cr.No.123/2019, Mala Police Station

143, 147, 283, 149

Cr.No.141/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.142/2019, Puthukad police Station

143, 147, 283, 188, 149

section 4, 6 of KPWRA & P Act 2011

Cr.No.165/2019, Irijalakuda Police Station

143, 147, 283, 341, 323, 294B, 506(i), 427, 149

Cr.No.45/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No.46/2019, Srikrishnapuram Police Station

143, 147, 283, 149

Cr.No. 52/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.53/2019, Cherpulaserri Police Station

143, 147, 283, 149

Cr.No.136/2019, Palakkad South Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.137/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.138/2019, Palakkad Town South Police Station

143,147,283,149

Section 4,6 KPWRA And P Act 2011

Cr.No.41/2019, Meenakshipuram Police Station

143,147,283,149

Cr.No.80/2019, Vadakancherri Police Station

143,147,283,149

Cr.No.73/2019, Shernoor Police Station

143,147,283,149

Cr.No.62/2019, Thrithala Police Station

143,147,283,149

Cr.No.70/2019,Chalicherri Police Station

143,147,283,149

Cr.No.33/2019, Nattukal Police Station

U/s 151 Cr PC

Cr.No.35/2019, Nattukal Police Station

U/s 117(e)KP Act

Cr.No.67/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.68/2019, H Nagar Police Station

143,147,188,283,149

Cr.No.136/2019 Pallakad Town North Police Station

143,147,283,149

Section 4,6 of KPWRA and P Act 2011

Cr.No.53/2019, Mallapuram Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.114/2019, Manjerri Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.92/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.93/2019, Kondotty Police Station

143,147,283,149

Section 4,6 of KPWRA And P Act 2011

Cr.No.95/2019, Perunthalmanna Police Station

u/s 151 Cr PC

Cr.No.17/2019, Pandikad Police Station

143,147,188,283,149

Cr.No.18/2019, Pandikad Police Station

u/s 151 Cr PC

Cr.No.29/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.28/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.30/2019, Melattoor Police Station

143, 147, 188, 448, 353, 149

Cr.No.21/2019, Vandoor Police Station

143, 147, 188, 283, 506(i), 149

Section 4, 5, 6 of KPWRA & P Act 2011

Cr.No.45/2019, Edavanna Police Station

143, 145, 147, 353, 283, 149

Cr.No.80/2019, Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.81/2019 Nilamboor Police Station

143, 145, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.52/2019, Edakara Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.161/2019, Thirur Police Station

u/s 151 CrPC

Cr.No.44/2019, Kottakkal Police Station

143, 147, 188, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.84/2019, Changaramkulam Police Station

341, 294B, 34

Cr.No.124/2019, Kozhikode Police Station

143, 147, 148, 353, 149

Cr.No.225/2019, Kannur Town Police Station

143, 147, 283, 149

Cr.No.73/2019, Mayil Police Station

u/s 3(i), 4 of PDPP Act

Cr.No.191/2019, Thaliparamb Police Station

143, 147, 283, 149

Cr.No.91/2019, Kalpatta Police Station

143, 147, 283, 149

Cr.No.64/2019, Meppadi Police Station

143, 147, 283, 149

Sec. 117(e) of KP Act

Cr.No.52/2019, Kambalakad Police Station

143, 147, 283, 149

Sec. 120(b) KP Act

Cr.No.170/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.171/2019, Sulthan Batheri Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

Cr.No.49/2019, Konichira Police Station

143, 147, 283, 149

Section 4, 6 of KPWRA & P Act 2011

100

Cr.No.138/2019, Mananthavadi Police Station

143, 147, 283, 149

101

Cr.No.102/2019, Payyoli Police Station

143, 145, 147, 283, 149

102

Cr.No.137/2019, Koyilandi Police Station

143, 145, 147, 283, 149

103

Cr.No.139/2019, Perambra Police Station

143, 145, 147, 283, 149

104

Cr.No.108/2019, Balusherri Police Station

143, 147, 341, 323, 149

105

Cr.No.120/2019, Koduvalli Police Station

143, 145, 147, 283, 149

106

Cr.No.69/2019, Thiruvambadi Police Station

143, 145, 147, 283, 149

107

Cr.No.118/2019, Chevayoor Police Station

143, 145, 147, 283, 149

108

Cr.No.136/2019, Farooq Police Station

143, 147, 283, 149

109

Cr.No.149/2019, Kasaba Police Station

143, 145, 147, 283, 149

110

Cr.No.147/2019, Nallalam Police Station

283, 34

111

Cr.No.93/2019, Mavoor Police Station

143, 147, 283, 149

112

Cr.No.136/2019, Elathoor Police Station

143, 147, 283, 149

113

Cr.No.122/2019, Kunnamangalam Police Station

u/s 3,2(e) of PDPP Act

114

Cr.No.123/2019, Kunnamangalam Police Station

143, 147, 283, 149

115

Cr.No.124/2019, Kunnamangalam Police Station

143, 147, 148, 353, 149

116

Cr.No.152/2019, Medical College Police Station

143, 147, 283, 149

117

Cr.No.119/2019, Chevayoor Police Station

143, 147, 283, 149

118

Cr.No.134/2006, Thiruvananthapuram Contonment Police Station

143, 147, 148, 149, 188, 283, 308, 332, 447

S-3(1) of PDPP Act

119

Cr.No.189/2017, Thiruvananthapuram Musium Police Station

ST No.722/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 39 r/w 121 of KP Act

Yes

21 Feb 2018

120

Cr.No.1834/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

121

Cr.No.1820/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

122

Cr.No.1804/2017, Thiruvananthapuram Musium Police Station

ST No.382/2018

CJM Court Thiruvananthapuram

143, 147, 149, 283, 188

Section 117(e), 39 r/w 121 of KP Act

Yes

23 Jan 2018

123

Cr.No.960/2016, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283, 188, 332

Yes

12 Jul 2016

124

Cr.No.1329/2017, Thiruvananthapuram Musium Police Station

CJM Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

125

Cr.No.822/2018, Thiruvananthapuram Musium Police Station

CC No.523/2018

CJM Court Thiruvananthapuram

143, 144, 147, 149, 283

Yes

16 Oct 0218

126

Cr.No.131/2011, Thiruvananthapuram Musium Police Station

SC No.1758/2016

2nd Additional Sub Court Thiruvananthapuram

143, 147, 149, 332, 308

Yes

13 Oct 2014

127

Cr.No.1522/2018, Thiruvananthapuram Musium Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283

Section 39 r/w 121 of KP Act

128

Cr.No.123/2008, Thiruvananthapuram Contonment Police Station

ST.No.764/2008

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

129

Cr.No.1127/2016, Thiruvananthapuram Contonment Police Station

CC No.1309/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

25 Nov 2017

130

Cr.No.1249/2016, Thiruvananthapuram Contonment Police Station

CC No.1501/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Nov 2018

131

Cr.No.689/2017, Thiruvananthapuram Contonment Police Station

CC No.768/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332

Section 39 r/w 121, 77(B) of KP Act

Yes

24 Jul 2017

132

Cr.No.702/2018, Thiruvananthapuram Contonment Police Station

CC No.827/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

27 Jun 2018

Yes

133

Cr.No.1159/2018, Thiruvananthapuram Contonment Police Station

CC No.1488/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

29 Oct 2018

Yes

134

Cr.No.46/2017, Thiruvananthapuram Contonment Police Station

CC No.187/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

20 Feb 2017

135

Cr.No.279/2018, Thiruvananthapuram Contonment Police Station

CC No.1152/2018

JFMC (3) Court Thiruvananthapuram

143, 147, 148, 149, 283, 353, 332, 117

Section 3 (2)(c)of PDPP Act and 39 r/w 121 of KP Act

Yes

22 Sep 2018

136

Cr.No.706/2016, Thiruvananthapuram Contonment Police Station

CC No.1095/2016

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

01 Jul 2016

137

Cr.No.776/2016, Thiruvananthapuram Contonment Police Station

CC No.765/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

138

Cr.No.1133/2016, Thiruvananthapuram Contonment Police Station

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

19 Nov 2016

139

Cr.No.934/2017, Thiruvananthapuram Contonment Police Station

ST No.3208/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

14 Sep 2017

140

Cr.No.455/2017, Thiruvananthapuram Contonment Police Station

ST No.1577/2017

JFMC (3) Court Thiruvananthapuram

143, 147, 149, 283

Section 39 r/w 121 of KP Act

Yes

09 May 2017

141

Cr.No.332/2019, Shasthamkota Police Station, Kollam

323, 341, 427, 34

142

Cr.No.265/2019, Alapppuzha South Police Station, Alappuzha Dist.

JFMC (I) Court Alappuzha

143, 147, 149, 283

143

Cr.No.494/2019, Cherthala Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

144

Cr.No.205/2019, Aroor Police Station, Alappuzha Dist

JFMC (I) Court Cherthala

143, 147, 149, 188, 283

145

Cr.No.189/2019, Arthungal Police Station, Alappuzha Dist.

Town Hall Kanjikuzhi

143, 147, 149, 283

146

Cr.No.129/2019, Pattanakadu Police Station, Alappuzha Dist.

JFMC (I) Court Cherthala

143, 147, 149, 283

147

Cr.No.200/2019, Muhamma Police Station, Alappuzha Dist.

JFMC (II) Court Cherthala

143, 147, 149, 283

Section 118 KP Act

Yes

148

Cr.No.264/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283

149

Cr.No.265/2019, Haripad Police Station, Alappuzha Dist.

JFMC (I) Court Haripad

143, 147, 149, 283, 341

150

Cr.No.191/2019, manimala Police Station, kottayam Dist.

JFMC (II) Court Kanjirapally

141, 143, 146, 147, 149, 283

151

Cr.No.379/2019, Chingavanam Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

451, 294B, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance Act. 2019

152

Cr.No.244/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

141, 147, 149, 323, 294B, 427, 341 451, 34

Section 4 of Kerala Damages to Private Property and Payment of Compensation Ordinance 2019

153

Cr.No.246/2019, Karugachal Police Station, kottayam Dist.

JFMC (I) Court Changanaserri

143, 145, 147, 149, 283

154

Cr.No.45/2019, Rajakadu Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 144, 147, 283, 188, 149

Yes

22 Feb 2019

155

Cr.No.127/2019, Adimali Police Station, Idukki Dist.

JFMC (I) Court Adimali

143, 147, 283, 149

156

Cr.No.73/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumedu

143, 147, 283, 188, 149

157

Cr.No.74/2018, Vandiperiyar Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 144, 147, 148, 283, 324, 353, 332, 188, 149

158

Cr.No.71/2019, Kumali Police Station, Idukki Dist.

JFMC (I) Court peerumed

143, 147, 283, 188, 149

159

Cr.No.34/2019, Peruvanthanam Police Station, Idukki Dist.

Town Hall peerumed

283, 341, 188, 353, 109, 34

160

Cr.No.35/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

161

Cr.No.78/2019, Idukki Police Station, Idukki Dist.

JFMC (I) Court Idukki

143, 147, 283, 188, 149

162

Cr.No.76/2016, Ernakkulam Police Station, Ernakkulam Dist.

CC No.178/2016

Additional Cheif Judicial Magistrate Court Ernakkulam

143, 147, 148, 283, 188, 332, 149

163

Cr.No.1511/2017, Palarivattam Police Station, Ernakkulam Dist.

JFMC IX Ernakkulam

143, 147, 283, 149

164

Cr.No.547/2017, Ernakkulam Central Police Station, Ernakkulam Dist.

CC No.906/2018

JMFC II Ernakkulam

143, 147, 283, 149

Yes

22 Oct 2018

165

Cr.No.2092/2018, Ernakkulam Central Police Station, Ernakkulam Dist.

NC No.7181/2018

JFMC II Ernakkulam, Quashed -High Court on 04-12-2018

332, 353, 34

166

Cr.No.47/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

167

Cr.No.48/2019, Malampuzha Police Station, Palakkad Dist.

JFCM III Palakkad

143, 147, 283, 149

168

Cr.No.79/2019, Alathoor Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 188, 283, 149

169

Cr.No.41/2019, Kongadu Police Station, Palakkad Dist.

JFCM II Palakkad

143, 147, 283, 149, 117

170

Cr.No.58/2019, Nenmara Police Station, Palakkad Dist.

JFCM I Alathoor

143, 147, 283, 188, 149

171

Cr.No.547/2018, Shornoor Police Station, Palakkad Dist

JFCM I Ottapalam

143, 147,332, 353, 188, 149

Section 120 (b) of KP Act

172

Cr.No.66/2019, Pattambi Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

173

Cr.No.27/2019, Koppam Police Station, Palakkad Dist

JFCM I Pattambi

143, 147, 283, 149

174

Cr.No.125/2019, Mannarkadu Police Station, Palakkad Dist

ST No.239/2019

JFCM I mannarkad

143, 147, 283, 149

175

Cr.No.30/2019, Kalladikadu Police Station, Palakkad Dist

ST.No.245/2019

JFCM I mannarkad

143, 147, 283, 149

Yes

176

Cr.No.34/2019, Nattukal Police Station, Palakkad Dist

JFCM I mannarkad

143, 147, 148, 283, 353, 109, 149

Section 4 r/w 6 of KPRAP Act

177

Cr.No.56/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

178

Cr.No.57/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

Section 3(2)(e) of PDPP Act

179

Cr.No.58/2019, Valayar Police Station, Palakkad Dist

JFCM I Palakkad

143, 147, 283, 149

Section 4 r/w 6 of KPRAP Act

180

Cr.No.66/2019, Kuttiyadi Police Station, Kozhikode Dist

JFCM I Nadapuram

143, 147, 283, 153, 149

Section 3(2)(e) of PDPP Act

181

Cr.No.85/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 452, 397, 436, 149

Section 4 of KPDPP and PCO 2019

182

Cr.No.86/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148,323, 436, 149

Section 4 of KPDPP and PCO 2019

183

Cr.No.87/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 149

Section 4 of KPDPP and PCO 2019

184

Cr.No.89/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 436, 506, 149

Section 4 of KPDPP and PCO 2019

185

Cr.No.90/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 149

Section 4 of KPDPP and PCO 2019

186

Cr.No.91/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

187

Cr.No.92/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 3 (1) of KPDPP Act

188

Cr.No.93/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

189

Cr.No.94/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 436, 149

Section 4 of KPDPP and PCO 2019

190

Cr.No.95/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

191

Cr.No.96/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

192

Cr.No.97/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 149

Section 4 of KPDPP and PCO 2019

193

Cr.No.98/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

194

Cr.No.99/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 436, 149

Section 4 of KPDPP and PCO 2019

195

Cr.No.100/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 427, 435, 149

Section 4 of KPDPP and PCO 2019

196

Cr.No.101/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 447, 435, 149

Section 4 of KPDPP and PCO 2019

197

Cr.No.103/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 435, 149

Section 4 of KPDPP and PCO 2019

198

Cr.No.104/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 149

Section 4 of KPDPP and PCO 2019

199

Cr.No.105/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 452, 436, 149

Section 4 of KPDPP and PCO 2019

200

Cr.No.106/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 457, 149

Section 4 of KPDPP and PCO 2019

201

Cr.No.107/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 447, 427, 149

Section 4 of KPDPP and PCO 2019

202

Cr.No.1875/2017, Bekkal Police Station, Kasarcode Dist

CC No.807/2017

JFCM I Kothamangalam

143, 147, 283, 149

Yes

13 Jul 2017

203

Cr.No.102/2019, Bekkal Police Station, Kasarcode Dist

143, 147, 148, 427, 452, 436, 447, 435, 149

Section 4 of KPDPP and PCO 2019

Sources:

1) http://www.myneta.info/LokSabha2019/candidate.php?candidate_id=8847

2) Affidavit submitted to Election Commission of India

3) ADR Report, dated 25th May 2019

4) https://www.indiatoday.in/elections/lok-sabha-2019/story/bjp-candidate-tops-criminal-case-list-congress-1525725-2019-05-15

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postolo · 6 years ago

Text

Maintenance – Wife

[Disclaimer: This note is for general information only. It is NOT to be substituted for legal advice or taken as legal advice. The publishers of the blog shall not be liable for any act or omission based on this note]

Introduction

“Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce. Various laws governing maintenance are as follows:

for Hindus – Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956

for Muslims – Muslim Women (Protection of Rights on Divorce) Act, 1986

for Parsis – Parsi Marriage and Divorce Act, 1936

for Christians – Divorce Act, 1869

secular laws – Criminal Procedure Code, 1973; Special Marriage Act,1954

Temporary Maintenance (pendente lite)

Temporary maintenance is granted by the court during the pendency of proceeding for divorce or separation to meet the immediate needs of the petitioner.

Under Section 24 of Hindu Marriage Act, 1955 either of the spouses, husband or wife can be granted relief if the court is satisfied that the applicant has no independent income sufficient for his or her support and necessary expenses of the proceedings pending under the Act.

Interim maintenance may also be claimed under Section 125 CrPC by the wife during the pendency of proceeding for regarding monthly allowance for maintenance under Section 125(1) CrPC.

Furthermore, Section 36 of Special Marriage Act, 1954 also makes provision for the wife to seek expenses from the husband if it appears to the district court that she does not have independent income sufficient for her support and necessary expenses of proceedings under Chapters V or VI of that Act.

Still further, under Parsi Marriage and Divorce Act, 1936 either Parsi wife or husband is entitled to claim expenses where the proceeding is pending under the Act. Section 39 of the Act which is substantially the same as Section 36 of the Special Marriage Act makes a provision in this behalf.

Also, under Section 36 of Divorce Act, 1869 which applies to persons professing Christain religion, a wife is entitled to expenses of proceeding under the Act and maintenance while the suit is pending.

All these provisions specify that the application for interim maintenance has to be disposed of within sixty days of service of notice on the respondent.

Permanent Maintenance

It is the maintenance granted permanently after the disposal of the proceeding for divorce or separation.

Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant’s lifetime or until he/she remarries or remains chaste.

Hindu Adoption and Maintenance Act, 1956, Section 18 – Hindu wife is entitled to be maintained by her husband during her lifetime. Wife also has a right to separate residence and maintenance if any of the condition in Section 18(2) [desertion, cruelty, leprosy, any other wife/ concubine living in the same house, conversion of religion or any other reasonable cause] is fulfilled until she remains chaste or does not convert to other religion. It may also be noted that Section 19 of this Act makes a provision for a widowed wife to be maintained by her father-in-law.

Criminal Procedure Code, 1973, Section 125 – This section provides for maintenance not only to the wife but also to child and parents. Court may order a husband who has sufficient means but neglects or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to her. However, wife shall not be entitled to receive maintenance if she is living in adultery, or refuses to live with husband without any sufficient reasons, or living separately with mutual consent.

Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 – A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance to be paid to her within the iddat period by her former husband; an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law; and all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends. If husband fails to provide her the above mentioned then Magistrate can order for payment of the same.

Parsi Marriage and Divorce Act, 1936, Section 40 – A Parsi husband or wife may apply to the Court under this section whereupon the Court at the time of passing any decree under the Act or anytime subsequent thereto order that the defendant pay the plaintiff a gross or monthly sum for his/her maintenance and support. Such order may also be modified subsequently if the Court is satisfied that change in circumstances warrants so. The order may also be rescinded or modified if the party in whose favour the order was made remarries; or in case of wife, she does not remain chaste; or in case of the husband, he has sexual intercourse with any woman outside the wedlock.

Special Marriage Act, 1954, Section 37 – This section is also similar to Section 40 of the Parsi Marriage and Divorce Act. The difference being that under this section maintenance may be claimed only by a wife against the husband from a court exercising jurisdiction under Chapters V or VI of the Act. An order made under this section may be modified or rescinded by the district court at the instance of the husband if it is shown that the wife has remarried or is not leading a chaste life.

Divorce Act, 1869, Section 37 – This section empowers the district court to order the husband to secure a reasonable gross sum to the wife or annual sum not exceeding her lifetime when a decree of dissolution or decree or judicial separation is obtained by the wife. While passing such order, the court may have regard to fortune of the wife, ability of the husband and conduct of the parties. The court may also order the husband to pay such monthly or weekly sum to the wife for her maintenance as the court may think reasonable. If subsequently, the husband becomes unable to make such payments, the court may discharge or modify such order.

Cases

Maintenance defined

Maintenance includes — (i) in all cases, provisions for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter also the reasonable expenses of and incident to her marriage, Section 3(b), Hindu Adoption and Maintenance Act, 1956.

Maintenance necessarily must encompass a provision for residence. Maintenance is given so that the lady can live in the manner, more or less, to which she was accustomed. The concept of maintenance must, therefore, include provision for food and clothing and the like and take into account the basic need of a roof over the head, Mangat Mal v. Punni Devi, (1995) 6 SCC 88.

Sustenance defined

Maintenance of wife for her ‘sustenance’ does not mean animal existence but signifies leading life in a similar manner as she would have lived in the house of her husband. Husband is duty bound to enable his wife to live life with dignity according to their social status and strata, Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353.

Wife defined

“Wife” Includes a woman who has been divorced by or has obtained a divorce from, her husband and has not remarried, Section 125(1) Explanation (b), CrPC 1973.

“Wife” in Section 125 CrPC means a legally wedded wife and also includes a divorced wife, D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469.

Maintenance only to legally wedded wife

Only a legally wedded wife is entitled to maintenance. A Hindu woman marrying a Hindu male having a living wife, is not entitled to maintenance as this marriage is void, Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) 1 SCC 530.

Maintenance to ‘previous wife’

A Muslim husband contracting another marriage or taking a mistress is liable to pay maintenance to the previous wife who also has right to live separately which is payable from the date of the other marriage. Irrespective of religion, husband cannot absolve his liability by offering to take back the wife and maintain her, Begum Subanu v. A.M. Abdul Gafoor, (1987) 2 SCC 285.

Maintenance to second wife

Husband who conceals subsistence of his earlier marriage while marrying the second wife is entitled to give maintenance to second wife. Second wife is to be treated as a legally wedded wife for the purpose of maintenance, Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188.

Wife ‘living separately with mutual consent’ does not include divorced wife

The meaning of ‘wife’ under Sections 125(1) and 125(4) CrPC is different. Section 125(4) contemplates a married woman. Wife living separately from husband with mutual consent does not mean wife who obtains divorce by mutual consent and lives separately and therefore cannot be denied maintenance on this ground, Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299.

Is an earning wife entitled to maintenance?

Wife having a school of her own and possessing wet lands is in a better financial position than husband who is not doing well in his profession and has no land. Hence, it is unnecessary to pay any maintenance to the wife, Rosy Jacob v. Jacob A. Chakramakkal, (1973) 1 SCC 840.

Wife’s income to be accounted for determining maintenance

Wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386.

Maintenance to woman in a live-in relationship

The Supreme Court expressed its opinion that a broad interpretation of “wife” should include cases where man and woman live together as husband and wife for a reasonably long period of time (live-in relationship/ presumed marriage/ de facto marriage/ cohabitation). A strict proof of marriage should not be a precondition for maintenance under S. 125 CrPC so as to fulfill the true spirit and essence of the beneficial provision of maintenance, Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011) 1 SCC 141. (This judgment has however been referred to a larger bench)

Recently, it is held that a woman in a live-in relationship has an efficacious remedy to seek maintenance under Protection of Women from Domestic Violence Act, 2005 even if it is assumed that she is not entitled to the same under Section 125 CrPC. In fact, under the Domestic Violence Act, the victim would be entitled to more relief than what is contemplated under Section 125 CrPC, Lalita Toppo v. State of Jharkhand, 2018 SCC OnLine SC 2301.

Woman knowingly entering in a live-in relationship with a married man

All live-in relationships are not relationships in the nature of marriage. There has to be some inherent/ essential characteristic of marriage though not a marriage legally recognised. A live-in relationship between an unmarried woman knowingly entering into relationship with a married male cannot be termed as a relationship in the “nature of marriage” and her status would be that of a concubine or mistress and therefore is not entitled to maintenance, Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755.

Muslim woman entitled to maintenance under CrPC

A divorced Muslim woman has right under Section 125 CrPC to claim maintenance even beyond the iddat period. If the woman is able to maintain herself then the liability of husband to maintain her ceases with the expiration of iddat period. However, on the inability of maintaining herself, she can take recourse of that section. Section 125 has an overriding effect on personal law in case of conflict between the two, Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556.

Divorced Muslim woman can claim maintenance from State Wakf Board

A divorced Muslim woman unable to maintain herself can directly claim maintenance from the State Wakf Board in the first instance under Section 4 of Muslim Women (Protection of Rights on Divorce) Act, 1986 and in the same proceeding can plead inability of her relatives to maintain her. Relatives can be added as parties to the litigation if they have enough means to pay maintenance, T.N. Wakf Board v. Syed Fatima Nachi, (1996) 4 SCC 616.

Husband to make fair provision and maintenance within iddat period for ex-wife’s whole life

Section 3(1)(a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 makes husband liable to make a reasonable and fair provision and maintenance to divorced Muslim wife on or before the expiration of the iddat period. However, this maintenance is not limited only for the iddat period but extends to her whole life unless she remarries. Husband is obliged to provide a reasonable and fair provision in addition to maintenance to contemplate the future need of ex-wife, Danial Latifi v. Union of India, (2001) 7 SCC 740.

Maintenance not restricted to iddat period

A divorced Muslim wife is entitled to maintenance not merely until the completion of the iddat period, but for her entire life unless she remarries. Sabra Shamim v. Maqsood Ansari, (2004) 9 SCC 616.

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