Petitioner challenged the Final Report under Section 482 CrP.C. alleging no offence. Court found sufficient averments to make out the offence. Petition disposed without prejudice to defence.
Criminal Misc. Case disposed of without prejudice to the defence of the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933
Crl.MC.No. 16 of 2012 ()
CC.23/2010 of J.M.F.C.-III,TRIVANDRUM
PETITIONER(S):
ALI MUHAMMED
S/O.DR.P.A.THAHA HUSSAIN, NIZAM MANZIL, KALOOR THONNAKKAL, CHIRAYINKEEZHU TALUK THIRUVANANTHAPURAM.
BY ADV. SRI.R.ANILKUMAR
COMPLAINANT(S):
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J.
Crl.M.C.No. 16 of 2012
Dated this the 16th day of February, 2012
ORDER
In this petition under Section 482 of the Code of Criminal
Procedure, the petitioner, who is the accused in C.C.No.23/2010 on the file of the Judicial Magistrate of the First Class-III, Thiruvananthapuram,
seeks an order to quash Annexure-B final report, alleging offences under Sections 353 and 294(b) of the Indian Penal Code. The plea of the petitioner is that by the averments in the final report, no offence is made out and that the case was falsely foisted. Going by the averments in Annexure-B final report, I cannot agree with the persuasive arguments advanced by the learned counsel for the petitioner since there are sufficient averments to make out the offence. However, I am not expressing any opinion on merits, as it may affect the defence of the petitioner before the trial court.
In the result, this petition is disposed of without prejudice to the defence of the petitioner.
P.S.GOPINATHAN, JUDGE
cms
1 issue framed by the court
Whether there is sufficient ground under Section 482 CrPC to quash the final report without expressing an opinion on merits.
2 provisions across 2 enactments
Ali Muhammed
State of Kerala
Sub Inspector of Police
P.S.Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
