Court dismissed the petition to quash proceedings. Held that petitioner may raise contentions before the Magistrate and seek discharge under Section 239 CrPC.
Petition to quash proceedings dismissed. Liberty granted to file petition for discharge under Section 239 CrPC before the Magistrate.
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 M.SASIDHARAN NAMBIAR
FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931
Crl.MC.No. 2100 of 2009()
----------------------------------CC.178/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY
PETITIONER(S): ---------------------
MAIMUTTY @ MUHAMMED, S/O.UMMER HAJI, THOTTAKKAT PARAMBU, PADINHARE CHALAKUDY TRICHUR DISTRICT.
BY ADV. MR.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN
RESPONDENT(S):
------------------------
1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION.
3. ITTERA, S/O.KUNJUVAREED, VALAPPIL HOUSE, EAST CHALAKUDY VILLAGE, ARYANKALA DESOM, TRICHUR.
R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO. 2100 OF 2009 -----------------------------------------Dated 21st August 2009
O R D E R
Petitioner is the accused in C.C.178/2006
on the file of Judicial First Class Magistrate, Chalakudy. This petition is filed to quash Annexure-A4 final report submitted by the police upon which learned Magistrate has taken cognizance.
petitioner and learned Public Prosecutor were heard.
no reason to quash the proceedings as sought for exercising the inherent jurisdiction as petitioner is at liberty to raise all the contentions raised in this petition before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petitioner is at liberty to file a petition for a discharge under Section 239 of Code of Criminal Procedure and urge all the points raised in this petition. With that liberty petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the criminal proceedings should be quashed under inherent jurisdiction before the accused raises the same before the Magistrate for discharge.
Whether the petitioner is at liberty to raise contentions before the Magistrate and seek discharge under Section 239 CrPC.
1 provisions across 1 enactments
Maimutty @ Muhammed
State of Kerala, Rep. by Its Public Prosecutor
Sub Inspector of Police, Chalakudy Police Station
Ittera
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
