Single judge held that there is no reason to invoke inherent power under Section 482 CrPC to quash the FIR at the investigation stage, directing the petitioner to seek discharge later if no material exists.
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
TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931
Crl.MC.No. 952 of 2009(F) ---------------------------------CRIME NO.29/2009 OF NOORANAD POLICE STATION ...............................................
PETITIONER(S): 3RD ACCUSED
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C.HARIKUMAR, AGED 44 YEARS, S/O.CHANDRASENAN, THOTTAYIL PRAYAR NORTH, PRAYAR P.O., KAYAMKULAM.
BY ADV. SRI.B.HARISH KUMAR
RESPONDENT(S): COMPLAINANT
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.S.U.NAZAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.Sasidharan Nambiar, J.
Crl.M.C.No.952 of 2009
ORDER
Petitioner is the third accused in Crime No. 29/2009 of Nooranad Police Station, registered under Annexure-A6 FIR for the offences under
Section 353 and 392 of Indian Penal Code.
for the petitioner is that based on Annexure-A5 complaint, no case could have been registered as against the petitioner and the case is registered only because of the grudge in filing the complaint
before the Revenue Secretary and in such
circumstances, the case is to be quashed.
investigation shows that intercepted vehicles were forcibly taken away at the instigation of the petitioner himself, who was present at that time.
CRMC 952/09
2
Petition is disposed.
18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv
1 issue framed by the court
Whether the petitioner is entitled to invoke the inherent power of the Court under Section 482 CrPC to quash the FIR at the initial stage of investigation.
2 provisions across 2 enactments
C. Harikumar
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
