The High Court of Kerala dismissed a petition filed under Section 482 CrPC to quash an FIR. The Court held that the petitioner was not entitled to get the FIR quashed because the Sub Inspector of Police had already filed a final report.
The petition to quash the Annexure-I FIR was dismissed.
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 WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931
Crl.MC.No. 110 of 2010() -----------------------------------(CRIME NO.161 OF 1982 OF PARASSALA POLICE STATION)
PETITIONER(S): 2ND ACCUSED: ------------------------------------------------
D.THANKAN, CHERUVANAMKODE, MEKKUMKARAPUTHENVEEDU, DHANUVACHAPURAM.P.O, THIRUVANANTHAPURAM.
BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL.
RESPONDENT(S): STATE & COMPLAINANT: -----------------------------------------------------------------
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR. S.U. NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
Crl.M.C.NO.110 OF 2010 ------------------------------------------ Dated 13th January 2010
O R D E R
This petition is filed under Section
482 of Code of Criminal Procedure to quash Annexure-I FIR in crime No.161/1982 of Parassala police station. Along with the FIR petitioner has produced part of the final report submitted by the Sub Inspector of
Police, Parassala on 11/4/1982 itself. In such circumstances, petitioner is not entitled to get the FIR quashed after filing of the final report.
Petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the petitioner is entitled to get the FIR quashed after the filing of the final report by the Sub Inspector of Police.
Whether the present petition for quashing the FIR deserves to be allowed in view of the final report filed.
1 provisions across 1 enactments
D.Thankan
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
