Petitioner sought quashing of private complaint and FIR during preliminary investigation. Court held it is too early to quash proceedings at this stage and dismissed the petition.
Petitioner's request to quash Annexures-III and IV private complaint and FIR was dismissed; petitioner must appear for interrogation as required.
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 9TH APRIL 2008 / 20TH CHAITHRA 1930
Crl.MC.No. 697 of 2008() -----------------------PETITIONER:
DR.MUHAMMED MAJEED AGED 61 YEARS, S/O.MOHAMMED KUNJU SAMI LABS LIMITED, 19/1 & 19/2,1 MAIN,II PHASE PEENYA INDUSTRIAL AREA,BANGALORE 560 058.(FLAT NO 306 PAZHAVADI APARTMENT APPELI ROAD, VYTTILA
BY ADV. SRI.M.K.DAMODARAN (SR.)
SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA
RESPONDENTS:
SAMI LABS LIMITED BANGALORE 560 058
SAMI LABS LIMITED BANGALORE 560 058
BY THE DIRECTOR GENERAL OF PROSECUTION SRI. P.G. THAMBI FOR R6
BY ADV. SRI.V.S.BOBAN SRI.SHOJAN JACOB SRI.S.NIRMAL KUMAR SRI.K.RAMAKUMAR (SR.)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl.M.C. NO. 697 of 2008**
*** * * * * * * * * * * * * * * * * * Dated: 09-04-2008**
ORDER
Petitioner who is the first accused in Crime No. 335 of 2007 of Kadavanthra Police Station for offences punishable under Sections 376, 377, 354, 511 of 376 and 506 (2) read with Sec. 34 of the Indian Penal Code , seeks to quash Annexxures-III and IV private complaint and F.I.R. respectively .
-:2:-
Crl.M.C. NO. 697 of 2008
information report cannot be quashed nor the investigation be stayed in a petition under Sec. 482 Cr.P.C. In case, the petitioner is finally charge-sheeted by the police and in case, the allegations in the final report do not make out any of the offences in the chargesheet, it is open to the petitioner to have recourse to law by moving the appropriate court at the appropriate stage for appropriate reliefs.
Reserving the above right of the petitioner, this Crl. M.C. is dismissed. It is needless to say that the petitioner shall make himself available for interrogation as and when required by the police.
V. RAMKUMAR, (JUDGE)
ani.
3 issues framed by the court
Whether Annexures-III and IV private complaint and F.I.R. can be quashed at this stage of investigation.
Whether the petitioner can seek quashing of proceedings before being finally charge-sheeted.
Whether the investigation should be stayed at the preliminary stage.
2 provisions across 2 enactments
DR. MUHAMMED MAJEED
MRS. ROUSHINA
ST. MOHANAN
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
