The High Court of Kerala dismissed a CrPC 482 petition filed by Johny Mathew challenging the quashing of criminal proceedings for violation of the Abkari Act. The court held that non-implication at registration does not preclude later implication after investigation.
Petition to quash proceedings dismissed; petitioner can challenge 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
FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932
Crl.MC.No. 3951 of 2010(F) ------------------------------------(CRIME NO.401/2009 OF ANCHAL POLICE STATION) ..........
PETITIONER:
-------------------
JOHNY MATHEW, AGED 48, S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA.
BY ADV. SRI.C.P.UDAYABHANU.
RESPONDENT/COMPLAINANT: --------------------------------------------
STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE (CRIME 401/09) ANCHAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. P.A. SALIM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.3951 OF 2010 --------------------------------------------- Dated 22nd October, 2010
O R D E R
Petitioner who was implicated as
accused No.12 in Crime No.401/2009 of Anchal Police Station registered for the offence under Section 55(a) of Abkari Act
under Annexure-I FIR, filed this petition under Section 482 of Code of Criminal
Procedure to quash the proceedings contending that in Annexure-I FIR petitioner is not an accused and by Annexure-II report, petitioner has been implicated as an accused, being the owner of the tanker lorry and there is no material to implicate the petitioner.
Crmc 3951/10
Prosecutor were heard.
was not arrayed as an accused when crime was registered it cannot be said that he cannot be implicated as an accused on the materials gathered on investigation. Annexure-II report submitted by Circle Inspector on investigation reveals that petitioner is also involved. Hence investigation as against the petitioner cannot be quashed as sought for. Petitioner is at liberty to challenge the final report, if filed against him. Petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether a petition under Section 482 CrPC to quash proceedings can be successful when the investigation report implicates the petitioner who was not an accused at the time of registration.
2 provisions across 2 enactments
JOHNY MATHEW
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
