In Criminal Misc. Case No. 2306 of 2009, the High Court of Kerala disposed of a petition filed by the second accused seeking quashing of an FIR. The court relied on the Public Prosecutor's submission that a report confirmed the petitioner's non-involvement, rendering quashing unnecessary.
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
MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931
Crl.MC.No. 2306 of 2009() -------------------------------------(F.I.R.NO.168/09 OF TIRUR POLICE STATION)
PETITIONER(S): ACCUSED NO.2:
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KALLYANI, W/O.KUMARAN, PALAPARAMBATH HOUSE, EAST ARIKANCHIRA, VETTOM, TIRUR, MALAPPURAM DISTRICT.
BY ADVS. MR.K.RAMACHANDRAN, MR.S.SREEDEV.
RESPONDENT(S): STATE/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,.
2. SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT.
3. SRI.SUBRAMANYAM, S/O.KUTTAN @ MAKKU, KOTTAYATH HOUSE, ANGADI AMSOM, KULATHUMPADI DESOM, PATTITHARA, MALAPPURAM DISTRICT.
R1 & R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R3 BY ADVS.MR.SANTHEEP ANKARATH, SMT.N.N.PRASEEDA.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/08/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO. 2306 OF 2009
Dated 17th August 2009
O R D E R
This petition is filed by second accused in Crime No.168/2009 of Tirur police station to quash Annexure-2 FIR as against the petitioner. Notice was ordered on 16/7/2009 to the defacto complainant. Learned Public Prosecutor submitted that refer report is filed in Crime No.168/2009, stating that petitioner is not involved in the case and the case as against the other accused is being investigated in crime No.1054/2008. In such circumstances, it is not necessary to quash Annexure-2 FIR as sought for. Recording the submission of the Public Prosecutor petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether the quashing of an FIR against the second accused is necessary given the report stating his non-involvement.
1 provisions across 1 enactments
KALLYANI, W/O.KUMARAN
STATE OF KERALA
SRI.SUBRAMANYAM
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
