Petitioner sought quashing of an FIR alleging political vindication in a Railway Property Unlawful Possession case. The Court held it was too early to quash the FIR or stay investigation. It dismissed the petition with liberty to approach the appropriate court later.
Petition for quashing of FIR was dismissed; further investigation was not stayed.
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
TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930
Crl.MC.No. 684 of 2008() -----------------------CRIME NO.2/2007 OF PUNALUR RPF OUT POST
PETITIONER:
K.SIVARAJAN, S/O. KUNJU PILLAI AGED 51 YEARS, 20-A-RAILWAY COLONY KOTTARAKKARA.R.S
BY ADV. SRI.V.JAYAPRADEEP
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.N.B.SUNIL NATH,SC, RAILWAYS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C.No.684 of 2008
= = = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008
ORDER
Petitioner, who is the 1st accused in Crime No.2/2007 of RPF Out Post, Punalur, for an offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, seeks to quash Annexure A1 FIR on the ground that it is the product of the political vindication.
Reserving the above right of the petitioner, this Crl.M.C is dismissed.
V. RAMKUMAR, JUDGE
sj
3 issues framed by the court
Whether the petitioner’s plea that the FIR is a product of political vindication warrants quashing at the inception stage.
Whether the controversy can be resolved by staying the investigation during the crime stage without making out an offence.
If the first accused can seek appropriate remedies later if the charge sheet does not make out an offence.
K. Sivarajan
The State of Kerala
S. Sudalaiimuthu
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
