The High Court at Ernakulam dismissed a petition by an accused seeking to quash a final report and order a detailed investigation against the charging officer. The court held it was too early to quash the report before allegations were proved, reserving the petitioner's right to seek discharge under Section 227 Cr.P.C. if committed to the session court.
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
MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930
Crl.MC.No. 464 of 2008(E)
CRIME NO. 232/2007 of WADAKKANCHERY POLICE STATION
PETITIONER: ACCUSED:
SIVANANDHAN @ ANANDAN, AGED 39 YEARS, S/O.GOPALAKRISHNAN, VELLATHERI HOUSE, CHITTANDA, THRISSUR.
BY ADV. SRI.T.RAJASEKHARAN NAIR
RESPONDENTS: COMPLAINANTS:
BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
==========================
CRL.M.C. No. 464 of 2008
========================== Dated this the 24th day of March, 2008.
O R D E R
The petitioner, who is the 3rd accused in crime No. 232 of 2007 of Wadakkanchery Police Station registered for offences punishable under Sections 341, 323, 324 and 308 r/w Section 34 IPC, seeks to quash Annexure F final report in the said case and also seeks a direction to the Director General of Police to conduct a detailed investigation against the police officers who are responsible for charge sheeting the petitioner.
CRL.M.C. NO. 464/2008 : 2 :
allegations against him have been proved. As for his plea of alibi, that is a matter for proof during the trial of the case. In case the Magistrate takes cognizance of the offences and commits the case to the court of Session, the petitioner can effectively plead for a discharge during the preliminary hearing under Section 227 Cr.P.C. Reserving the said right of the petitioner, this Crl. M.C is disposed of.
V. RAMKUMAR, JUDGE.
rv
CRL.M.C. NO. 464/2008 : 3 :
2 issues framed by the court
Whether the high court should consider quashing the final report while the police officer is suspended pending enquiry before the authorities.
Whether the petitioner can effectively plea for discharge during the preliminary hearing if the magistrate takes cognizance and commits the case.
Sivanandan @ Anandan
The State of Kerala represented by the Public Prosecutor
Unius
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
