Petitioner sought to quash F.I.R. and charge sheet under Section 482 Cr.P.C. Justice V.Ramkumar noted grounds could be raised before the Magistrate. The petition was aimed at quashing the F.I.R. and final report but was dismissed as the court was loathe to do so.
Petition to quash F.I.R. and charge sheet dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 20TH JULY 2007 / 28TH ASHADHA 1929
Crl.MC.No. 3651 of 2003()
CC.211/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI
PETITIONER:
SAI RAJESH S/O. RAJAN, SAI ICE PLANT PATTAMBI, PALAKKAD DISTRICT.
BY ADV. SRI.R.K.VENU NAYAR
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl. M.C. No. 3651 OF 2003
Dated this the 20th day of July, 2007
O R D E R
In this petition filed under section 482 Cr.P.C., the petitioner seeks to quash Annexure-A5 F.I.R. and Annexure-A6 charge sheet in Crime No.90/2000 of Thrithala Police Station. The grounds, which are put forward in support of the petition, are grounds which the petitioner can very well raise before the Magistrate concerned as and when the Magistrate takes cognizance in the case and issues process to the petitioner/accused. The final report on the face of it makes out the offence alleged against the petitioner and this court will be loathe to quash the final report by placing reliance on materials either produced by the prosecution or produced by the defence. I am not inclined to quash either the F.I.R. or the final report.
This petition is accordingly dismissed.
(V. RAMKUMAR, JUDGE)
aks
V. RAMKUMAR, J.
Crl. M.C. No. 3651 OF 2003 ````````````````````````````````````````````````````
O R D E R
20th day of July, 2007
1 issue framed by the court
Whether Section 482 Cr.P.C. petition seeking quashment of F.I.R. and charge sheet should be summarily dismissed as grounds are available before the Magistrate.
1 provisions across 1 enactments
SAI RAJESH S/O. RAJAN
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
