The High Court of Kerala dismissed a criminal miscellaneous petition seeking a direction for detailed investigation in a cheating case where cognizance had already been taken. The petitioner was granted liberty to seek appropriate remedy instead.
Petition dismissed with liberty to seek appropriate remedy.
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
THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932
Crl.MC.No. 3809 of 2010()
-----------------------------------CRIME NO.1565/2008 OF CENTRAL POLICE STATION, COCHIN CITY, ERNAKULAM.
PETITIONER(S):
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MOHANDAS, AGED 44 YEARS, S/O.ARAVINDAKSHAN, VELUTHEDATH HOUSE, MANAKKAL PADI, KONATHUKUNNU, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DT.
BY ADV. SRI.SHOBY K.FRANCIS
RESPONDENT(S):
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1. STATE OF KERALA/SUB-INSPECTOR OF POLICE, CENTRAL POLICE STATION, COCHIN CITY, ERNAKULAM, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
2. SHRIRAM TRANSPORT FINANCE CO.LTD., 40/786, NEAR KRISHNA NURSING HOME, CHITTOOR ROAD, ERNAKULAM, COCHIN-11.
PUBLIC PROSECUTOR SMT.CHARISMAC.M.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
M.SASIDHARAN NAMBIAR, J.
Crl.M.C No.3809 of 2010
Dated this the 14th October, 2010
O R D E R
Petitioner is the first accused in Crime No.1565/2008 of Central Police Station, Kochi registered for the offences under Sections 406, 420 and 120 B r/w Sec. 34 IPC. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the first respondent to conduct a detailed investigation on the issuance of delivery note, purchase bill etc.
Petition is dismissed with liberty to the petitioner to seek appropriate remedy.
M.SASIDHARAN NAMBIAR JUDGE
ma
2 issues framed by the court
Whether a direction to conduct detailed investigation can be issued under Section 482 CrPC after cognizance has been taken and investigation completed.
Whether liberty should be granted to the petitioner to seek appropriate remedy without entertaining the petition on merits.
2 provisions across 2 enactments
MOHANDAS
STATE OF KERALA
SHRIRAM TRANSPORT FINANCE CO.LTD.
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
