Disposed

Prabha v. State of Kerala

Kerala HC16 Jan 2008Crl.MC/115/2008

Case brief

AI extract

What is this about?

The High Court held that it is impermissible to quash a private complaint clearly disclosing an offence under the Negotiable Instruments Act, directing the accused to contest the matter below. The Court directed the Superintendent of Police to complete a pending investigation within one month.

What did the court decide?

Quashal of the criminal miscellaneous petition was partly allowed; the investigation into Crime No. 5/2007 was directed to be completed within one month.

Prabha Vs State of Kerala — Cheque Dishonour | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929

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Crl.MC.No. 115 of 2008() -----------------------ST.614/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA

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PETITIONER: ACCUSED:

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PRABHA, W/O.BABU, RESIDING AT LEKSHMI NIVAS, HOUSE NO.19, AKSHARA NAGAR, THIRUMULLAVARAM KOLLAM.

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BY ADV. SRI.PRATHEESH.P

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SRI. SIJU KAMALAHASAN

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RESPONDENTS: COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PONNAMMA, W/O.CHACKO, PULLIPRA HOUSE, CHENGANNOOR, MALLAPPALLY, PATHANAMTHITTA DISTRICT.

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SUPERINTENDENT OF POLICE, KOLLAM.

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BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR , J.

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==========================

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CRL.M.C. No. 115 of 2008

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========================== Dated this the 16^th day of January, 2008.

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ORDER

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The petitioner, who is the accused in S.T. No. 614/2006 on the file of the Judicial First Class Magistrate-I, Thiruvalla for an offence punishable under Section 138 of the Negotiable Instruments Act, seeks to quash Annexure 1 private complaint in the said case. He also seeks a direction to the 3^rd respondent, the Superintendent of Police, Kollam to conduct a proper and speedy investigation in Crime No. 5/2007 on the file of the West Police Station, Kollam in which the petitioner is the de facto complainant.

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When Annexure 1 private complaint, on the face of it discloses the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, it is impermissible for this Court to quash the complaint. The proper course for the petitioner would be to contest the matter before the Judicial First Class Magistrate-I, Thiruvalla where the case is pending.

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CRL. M.C. NO. 115/2008

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: 2 :

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With regard to the investigation of crime No. 5/2007 registered at the instance of the petitioner, the reasons for not completing the investigation are not discernible to this Court. Hence, without making any observations on the merits of the case, the officer in charge of the investigation in crime No. 5/2007 on the file of the West Police Station, Kollam is directed to complete the investigation expeditiously and at any rate within one month from the date of receipt of a copy of this order. In case he does not complete the investigation and file a final report before the appropriate court within the aforesaid time frame, he shall send a report to this Court through proper channel as to why the above time limit could not be adhered to. A copy of this order shall be forwarded to the Sub Inspector of Police, West Police Station, Kollam for compliance and appropriate action.

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This Crl. M.C is disposed of as above.

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V. RAMKUMAR, JUDGE.

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CRL. M.C. NO. 115/2008 : 3 :

Prabha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prabha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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