Dismissed

Stany Abraham v. State of Kerala

Kerala HC12 Mar 2008Crl.MC/765/2008

Case brief

AI extract

What is this about?

The Criminal Misc. case filed by an accused against the State was disposed of. The petitioners grievance regarding the deletion of co-accused and change of sections was noted. The court directed the petitioner to approach the trial court under Section 173(8) Cr.P.C. for grievances regarding investigation.

What did the court decide?

The Criminal Misc. case was dismissed, with the petitioner directed to approach the trial court under Section 173(8) Cr.P.C. for grievances regarding investigation.

Stany Abraham Vs State of Kerala — Quashing and FIR | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929

¶5

Crl.MC.No. 765 of 2008(E)

¶6

---------------------------CC.213/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO. 367/2006 of MANJESHWAR POLICE STATION

¶7

PETITIONER: ACCUSED

¶8

¶9

STANY ABRAHAM, AGED 33 YEARS, S/O.PAILY, ST.GEORGE FARM, SAMPYADI, UDANE POST, PUTHUR TALUK, KARNATAKA STATE.

¶10

BY ADV. SMT.R.PADMAKUMARI

SMT.SINDHU MANOJ

RESPONDENTS:

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR

¶16

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

V. RAMKUMAR, J.

¶18

= = = = = = = = = = = = = Crl.M.C.No. 765 of 2008

¶19

= = = = = = = = = = = = = = Dated this the 12^th day of March, 2008

¶20

ORDER

¶21

The petitioner, who is the accused in crime No. 367 of 2006 of Manjeshwar Police Station for offences punishable under Sections 380 and 381 r/w Section 34 of the Indian Penal Code and now pending before the Judicial First Class Magistrate, Kasaragod as C.C. No. 213 of 2007, seeks to quash Annexure-A4 charge sheet and all further proceedings before the Magistrate.

¶22

According to the petitioner, the original complaint lodged

¶23

by the de facto complainant not only arrayed the petitioner as the 2^nd accused but also made allegations against accused Nos. 1 and 3 besides alleging the commission of an offence punishable under Section 381 IPC. But the police after investigation deleted accused Nos. 1 and 3 and placing the petitioner alone for trial after substituting Section 381 IPC with Section 457 IPC. No reasons have been given by the Investigating Agency as to why they have deleted accused Nos. 1 and 3 from the array of the accused.

¶24

Crl.M.C.No. 765/2008

¶25

¶26

If, as a matter of fact, the petitioner has a grievance that there has been no proper investigation in the case, the petitioner can move the trial court under Section 173(8) Cr.P.C and in the event of that court being convinced about the grievance of the petitioner, that court can order further investigation under Section 173(8) Cr.P.C. Reserving this right of the petitioner, this Crl.M.C is dismissed.

¶27

V. RAMKUMAR, JUDGE.

¶28

Stany Abraham v. State of Kerala

Case brief

What is this about?

What did the court decide?

Stany Abraham v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yakkiparamban Muhammed Vs Thadiyanpurath Sainaba and Others

K.K.Purushothaman Vs K.B.Gopi

K.P.Santhosh Kumar Vs S.I of Police,City Traffic Police Statio

Dominic Mathew Vs State of Kerala

Eric Antony Parker Vs State of Kerala

Shaju Vs Vini