In a criminal miscellaneous case, petitioners challenged the FIR regarding river sand excavation from Pampa River. Supported by prosecution, the court held investigation was ongoing and premature to quash, thus dismissed the petition.
The Criminal Miscellaneous case is dismissed with liberty to raise contentions at appropriate stage.
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
TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933
Crl.MC.No. 3206 of 2011()
CRIME NO. 302/2011 OF ARANMULA POLICE STATION, PATHANAMTHITTA
PETITIONERS / ACCUSED NOS. 2 AND 3 :
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1. RAJENDRAN @ DURRAI, KOTTARATHUPARAMBIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE,
2. P.S.MADHU, PUNTHALAPADIYITTIL PERINGLIPURAM,CHENGANNUR,
BY ADV. SRI.B.S.SWATHY KUMAR
RESPONDENT / COMPLAINANT :
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 3206 of 2011()
APPENDIX
PETITIONER'S ANNEXURE'S
ANNEXURE A:TRUE COPY OF THE FIR IN CIRME NO.302/2011 OF ARANMULA POLICE STATION, DATED 21.5.2011.
ANNEXURE B:TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STAITON DATED 23.5.2011
ANNEXURE C:TRUE COPY OF THE FIR IN CRIME NO.301/2011 OF ARANMULA POLICE STATION, DATED 21.5.2011
RESPONDENT'S ANNEXURE'S - NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
N.K.BALAKRISHNAN, J.
Crl.M.C. No.3206 of 2011
Dated this the 8th day of November 2011
O R D E R
Petitioners are arrayed as A2 and A3 in crime No.302/2011 of Aranmula Police Station. The allegation is that on receipt of reliable information that some persons were removing river sand from Pampa River, the Sub Inspector of Police, Aranmula Police Station reached the spot at 5.45 AM on that day ie; 21.5.2011 along with other police officials. They saw some persons removing river sand. It was so found with the help of a search light. When S.I. and others stepped into the river, the persons who were removing the sand swam to the other side of the river. In the country boat about one load of river sand was found. Based on that crime was registered.
Crl.M.C. No.3206 of 2011
of the first accused was not there. It is also contended that it was humanly impossible for the S.I. to detect the offence as mentioned in the F.I.Statement. The learned counsel further submits that first petitioner was in Maharashtra at that time. The learned Public Prosecutor submits that there are altogether 7 accused persons. The investigation is in progress. The Investigating Agency has collected sufficient materials by conducting proper investigation and as such, it is pre-mature to pass any order at this stage. I find no reason to quash the FIR. Petitioners are at liberty to raise all their contentions at the appropriate stage.
This Crl.M.C. is hence dismissed.
N.K.BALAKRISHNAN, JUDGE.
Jvt
2 issues framed by the court
Whether a Criminal Miscellany petition challenging the FIR regarding river sand sand excavation should be quashed.
Whether the investigation report warrants early quashing of the FIR by this court.
RAJENDRAN @ DURRAI
P.S.MADHU
STATE OF KERALA
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
