In a criminal miscellaneous petition, the Karnataka High Court (Note: Text says Kerala) dismissed the request to quash an FIR registered under the Explosives Act. The court held that the petition was unsustainable as a charge sheet had been filed and the matter was pending before the Judicial First Class Magistrate.
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 N.K.BALAKRISHNAN
THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933
Crl.MC.No. 1206 of 2007(A)
------------------------(CRIME NO:297/2006 OF THE PARASSALA POLICE STATION)
PETITIONER:
-----------
N.KRISHNAN, MABLE BHAVAN, MURIYANKARA,PARASSALA P.O., NEYYATTINKARA,THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR
RESPONDENTS:
------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT OF KERALA ERNAKULAM (SUB INSPECTOR OF POLICE,PARASSALA POLICE STATION).
2. ADDITIONAL DISTRICT MAGISTRATE, THIRUVANANTHAPURAM.
BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
Crl.MC.No. 1206 of 2007(A)
APPENDIX
PETITIONERS ANNEXURES
| ANNX. I: | COPY OF THE FIRST INFORMATION REPORT IN CRIME NO:297/2006 |
|---|---|
| ANNX. II: | COPY OF THE SEARCH LIST CONTAINING THE DETAILS OF THE ITEMS |
| AND THE QUANTITY FOUND IN POSSESSION OF THE PETITIONERS. |
RESPONDENTS ANNEXURES NIL
//TRUE COPY//
P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
Crl. M.C. No: 1206 OF 2007(A)
Dated this the 3rd day of November, 2011
O R D E R
The petitioner is the accused in Crime No: 297/2006 of
Parassala Police Station. The petition was filed to quash Annexure 1 FIR.
Crime was registered under the provisions of the Explosives Act. Subsequently, charge sheet was filed in relation to the petitioner. Now it is pending before the Judicial First Class Magistrate Court-II, Neyyattinkara. Hence, the request to quash FIR is unsustainable. I find no material to quash the final report also. However, it is open to the petitioner to move the learned JFCM-II for appropriate reliefs.
N.K. BALAKRISHNAN, JUDGE
jjj
2 issues framed by the court
Whether the First Information Report in Crime No. 297/2006 under the Explosives Act should be quashed.
Whether there is material in the final report to quash the proceedings against the petitioner.
2 provisions across 2 enactments
N. Krishnan
State of Kerala
Additional District Magistrate, Thiruvananthapuram
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
