The High Court of Kerala disposed of a criminal miscellaneous petition filed under Section 482 CrPC to quash an FIR. The petitioner was granted liberty to seek discharge or challenge the finalized police report.
Liberty to seek an order of discharge before the trial court or to challenge the final report.
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 17TH FEBRUARY 2010 / 28TH MAGHA 1931
Crl.MC.No. 370 of 2010(A)
-----------------------------------[C.M.P.NO.4105/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR, CRIME NO.628/2009 OF TIRUR POLICE STATION]
PETITIONER/IST ACCUSED:
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M.K.MUHAMMED ASLAM, AGED 58, S/O.KUNJU MUHAMMED, MADATHIPARAMBIL HOUSE, PROPRIETOR, INTERSAIL TIMBER TRADERS, VALAPPAD, NATTIKA, TRICHUR (DIST).
BY ADVS. MR.P.V.GEORGE(PUTHIYIDAM), SMT.K.V.SHENU.
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
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1. MOHAMED ASHRAF, S/O.ABDULLA, MOTTAMMAL HOUSE, P.O.KANNADIPARAMBA, KANNUR (DIST).
2. STATE OF KERALA, (SUB INSPECTOR OF POLICE, TIRUR POLICE STATION) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. MR.V.RAMKUMAR NAMBIAR, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.Sasidharan Nambiar, J.
Crl.M.C.No.370 of 2010
ORDER
This petition is filed under Section 482 of
Code of Criminal Procedure to quash Anenxure-A1 FIR in Crime No.628/2009 of Tirur Police Station. Learned Public Prosecutor submitted that final report in the case has already been submitted before the court on 30.12.2009.
With liberty to seek an order of discharge before the trial court or to challenge the final report, this petition is disposed.
17th February, 2010 (M.Sasidharan Nambiar, Judge) tkv
1 issue framed by the court
Whether the petition filed under Section 482 CrPC to quash the FIR should be disposed of with liberty to challenge the final report.
1 provisions across 1 enactments
M.K.MUHAMMED ASLAM
MOHAMED ASHRAF
STATE OF KERALA
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
