Full bench order directs police to expedite investigation and file final report without undue delay in a pending criminal case, finding it inappropriate to quash FIR at crime stage but acknowledging investigation cannot pend indefinitely.
Direction to police to expedite investigation and file final report without undue delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929
Crl.MC.No. 435 of 2008()
CMP.3136/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD
PETITIONER: ACCUSED 1 TO 4
BY ADV. SRI.S.EASWARAN SRI.SHINU J.PILLAI SRI.P.MURALEEDHARAN (IRIMPANAM)
RESPONDENTS: COMPLAINANT & STATE
BY PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C.No.435 of 2008
= = = = = = = = = = = = = = Dated this the 7th day of March, 2008
ORDER
The petitioners, who are accused Nos.1 to 4 in crime No.862 of 2006 of Mannarkad Police Station for offences punishable under Sections 406, 420 and 419 IPC, seek to quash Annexure A2 complaint and Annexure A3 FIR.
Crl.M.C.No.435 of 2008
2
cognizance of the offence and issue process to the accused. This Crl.M.C is accordingly disposed of directing the Mannarkadu Police to expedite the investigation and file a final report before the competent court without undue delay. In case the petitioners are charge sheeted by the Police and the final report does not prima facie make out the offences alleged, the petitioners are free to move the appropriate court for appropriate reliefs.
V. RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether the FIR and complaint in a case at the crime stage should be quashed when investigation has been pending for years.
Whether the accused are free to move appropriate courts for relief should the final report not prima facie make out the offences.
1 provisions across 1 enactments
K.P.Sankarankutty
K.P.Balakrishnan
K.P.Narayanan
K.P.Ramakrishnan
K.P.Ammalukutty Amma
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
