High Court of Kerala allowed the petitioners to file a final report under Section 173(2) CrPC, permitting the Senior Government Pleader to report that the matter is a civil dispute before the Magistrate. The petition was disposed without quashing the FIR.
Permission granted to file final report under Section 173(2) CrPC.
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 15TH OCTOBER 2010 / 23RD ASWINA 1932
Crl.MC.No. 4044 of 2005()
------------------------------------CRIME NO.972/2004 OF CENTRAL POLICE STATION, ERNAKULAM.
PETITIONERS/ACCUSED:
------------------------------------
1. K.T. JOSEPH, MANAGING DIRECTOR, INDO SCOTTISH DISTILLERY.
2. VIJAYAKUMAR, MANAGING PARTNER, M/S.AVK TRADES, VI/1963, OPP: UCO BANK, ANAVATHIL, KOCHI-682 002.
BY ADV. SRI.BECHU KURIAN THOMAS
RESPONDENTS/COMPLAINANTS:
-------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM.
3. V.K. MOOSA, S/O.KOCHU MOHAMMED, VALLIYARA VEEDU, PANAVALLY, POOCHAKKAL, CHERTHALA.
4. BOBY E.K., S/O.KOCHUKUTTAN, EAZHAVATHU HOUSE, ANTHIKKADU P.O., THISSUR-680 641.
5. PAUL JOSEPH ALIAS PAUL P.K., PARAMBATHUSSERY HOUSE, ALINCHUVADU, EDAPPALLY, KOCHI-24.
6. KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI, REPRESENTED BY ITS SECRETARY.
Crl.MC.No. 4044 of 2005
7. DR. JACOB THOMAS, CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI.
R1 & R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR. R6 & R7 BY ADV. SRI.JOY GEORGE, SC, SUPPLYCO, SMT.MOLLY JACOB,SC,SUPPLYCO.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.4044 OF 2005 --------------------------------------------- Dated 15th October, 2010
O R D E R
Petition is filed under Section 482 of
Code of Criminal Procedure to quash the FIR in Crime No.972/2004 of Central Police Station, Ernakulam. Senior Government Pleader filed a memo seeking permission to file a final report before the learned Magistrate stating that on investigation it was found that it is a civil dispute and therefore, case is being referred. Permission is granted to file a refer report before the learned Magistrate under Section 173(2) of Code of Criminal Procedure. Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether permission should be granted to the prosecution to file a final report stating the matter is a civil dispute.
Whether the quashing petition under Section 482 CrPC should be disposed of upon such permission.
2 provisions across 1 enactments
K.T. Joseph
Vijayakumar
State of Kerala
V.K. Moosa
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
