Disposed

Sajeendran Pillai v. State of Kerala

Kerala HC16 Oct 2008Crl.MC/2985/2005

Case brief

AI extract

What is this about?

Petitioner sought quashing of a police report due to a name discrepancy in the FIR. The court held that since the matter is pending before the sessions court, it is unnecessary to adjudicate the contentions and disposed of the criminal miscellaneous case allowing the petitioner to urge his plea before the lower court below, including an application for bail that day, if any.

What did the court decide?

The petition was disposed of, the petitioner directed to appear before the court below and urge contentions, and the lower court directed to consider the bail application on the same day of presentati

Sajeendran Pillai Vs State of Kerala — Quashing and FIR | 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 A.K.BASHEER THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930

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Crl.MC.No. 2985 of 2005(c) ------------------------CP.35/2004 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR ....................

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PETITIONER(S)/ ACCUSED:

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SAJEENDRAN PILLAI, S/O. RAGHAVAN PILLAI CHARUVILA PUTHEN VEEDU, ALUMMOOD P.O., NADUVILAKKARA, MUGHATHALA.

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BY ADV. SRI.C.RAJENDRAN

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.AMJETH ALI

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.K.BASHEER, J.

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

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Crl.M.C.No.2985 of 2005 - C

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

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Dated this the 16^th day of October, 2008.

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O R D E R

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Petitioner seeks to quash Annexure A3 final report submitted by Paravoor police in crime No.324/2002.

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It is primarily contended by the petitioner that going by the name indicated in the First Information report, he could not have been charge sheeted by the police. It is pointed out by the learned counsel that the name of accused No.1 as revealed from the FIR is one Saji, whereas the petitioner is Sajeendran Pillai, S/o. Raghavan Pillai. It is the further contention of the petitioner that he belongs to Naduvilakkara, Mughathala and Saji mentioned in the FIR is a resident of Kallada.

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The station house officer attached to Paravoor police station is personally present in court along with the CD file. It is pointed out by the learned public prosecutor that on the next day after registration of the crime, the investigating officer had submitted a report before the jurisdictional Magistrate, rectifying the mistake in the name of accused No.1. A perusal of the report

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Crl.M.C.No.2985 of 2005 - C

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in the file will clearly indicate that the officer had categorically informed the court that accused No.1 is not Saji, but it is Sajeendran Pillai.

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I do not propose to deal with the above aspect of the matter any further since, admittedly, the case is pending before the learned Magistrate. It is brought to my notice that the committal proceedings are pending before the Judicial Magistrate of First Class, Paravur.

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I do not find any justification to keep this case pending on the file of this Court any further. It will be open to the petitioner to appear before the court below and urge all his contentions. In the peculiar facts and circumstances of the case, the court below shall consider the application for bail if any, that may be submitted by the petitioner, on the same day of its presentation.

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Crl.M.C. is disposed of in the above terms.

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A.K.BASHEER, JUDGE.

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bkn/-

Sajeendran Pillai v. State of Kerala

Case brief

What is this about?

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Sajeendran Pillai v. State of Kerala

Case brief

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