The High Court observed that the magistrate had not conducted a preliminary hearing or framed charges. It disposed of the quashing petition by permitting the accused to file an application for discharge instead.
Permitted the petitioners to plead for discharge instead of quashing the proceedings.
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 10TH MARCH 2008 / 20TH PHALGUNA 1929
Crl.MC.No. 876 of 2008()
CRIME NO. 816/2002 of CHANGANACHERRY POLICE STATION C.C. NO. 379/2005 of JUDICIAL FIRST CLASS MAGISTRATE, CHANGANACHERRY
PETITIONER: ACCUSED NOS.1 TO 4:
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENTS: DEFACTO COMPLAINANT & STATE:
BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
==========================
CRL.M.C. No. 876 of 2008
========================== Dated this the 10th day of March, 2008.
O R D E R
The petitioners who are accused Nos. 1 to 4 in crime No. 816/2002 of Changanacherry Police Station and now pending before the Judicial First Class Magistrate, Changanacherry as C.C. No. 379 of 2004, seek to quash Annexure-I final report and all further proceedings in C.C. No. 379/2005.
V. RAMKUMAR, JUDGE.
rv
1 issue framed by the court
Whether to quash the final report and proceedings in the pending charge sheet.
V.P. GOPALAKRISHNAN NAIR AND OTHERS
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
