High Court directed police to complete investigation and file final report within one month after noting three-year inordinate delay in arraying petitioner as accused, refusing to quash FIR.
Directs completion of investigation and filing of final report by investigating officer within one month.
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
WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929
Crl.MC.No. 687 of 2008()
CRIME NO. 250/2005 of WEST POLICE STATION, KOTTAYAM
PETITIONER: ACCUSED NO.3
DOMINIC MATHEW, AGED 49 YEARS, S/O.DR.K.K.MATHEW, KUZHIMATTATHIL HOUSE, AYARKUNNAM P.O., KOTTAYAM DISTRICT.
BY ADV. SRI.JOY GEORGE
SMT.PRAICY JOSEPH
RESPONDENTS/COMPLAINANT
BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
==========================
CRL.M.C. No. 687 of 2008
========================== Dated this the 12th day of March, 2008.
O R D E R
The petitioner, who has been arrayed as A3 after three years of the registration of the case in crime No. 250 of 2005 of West Police Station, Kottayam for offences punishable under Sections 330, 348, 395 and 398, seeks to quash Annexure A2 FIR.
CRL.M.C. NO. 687/2008 : 2:
Crl.M.C is disposed of directing the officer in charge of the investigation of crime No. 250/2005 of West Police Station, Kottayam to complete the investigation and file a final report before the concerned court within one month of receipt of a copy of this order. In case the petitioner is charge sheeted by the police and in case the allegation in the charge sheet do not make out any offence against the petitioner, he is free to approach the appropriate forum for redressal of his grievance. Reserving this right of the petitioner, this Crl.M.C is disposed of.
V. RAMKUMAR, JUDGE.
rv
CRL.M.C. NO. 687/2008 : 3:
1 issue framed by the court
Whether the trial court should quash the FIR or stay investigation given the petitioner's absence from the initial complaint against three years of delay in arraying him as an accused.
1 provisions across 1 enactments
Dominic Mathew
State of Kerala
O.V. George
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
