Dismissed

Sreeraj v. State of Kerala

Kerala HC28 Feb 2012Crl.MC/253/2012

Case brief

AI extract

What is this about?

The High Court of Kerala rejected a petition under Section 482 CrPC filed by accused persons seeking to quash proceedings in a case involving assault. The court held that the nature of the offence, including the possibility of attempted culpable homicide made it an inappropriate case for invokingSection 482 jurisdiction. The petitioner was directed to expedite investigation.

What did the court decide?

Injunction against quashing proceedings sustained; Investigating Officer directed to expedite investigation and file final report within three months.

Sreeraj Vs State of Kerala — Cheque Dishonour | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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TUESDAY, THE 28TH DAY OF FEBRUARY 2012/9TH PHALGUNA 1933

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Crl.MC.No. 253 of 2012 (B)

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CRIME NO.34/2012 OF KOLLAM EAST POLICE STATION.

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PETITIONER(S)/ACCUSED 1,2:

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SREERAJ @ JOHNDY

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S/O.RAJENDRAN, THEKKDATHUVEETTIL, LEKSHMANA NAGAR-25 ASRAMAM CHERRI, KOLLAM EAST VILLAGE, KOLLAM.

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RAJESH R. MAMMOOTTIL KIZHAKKATHIL VEED, LAKSHMANA NAGAR-117 ASHRAMAM, KOLLAM.

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BY ADV. SRI.S.M.ALTHAF

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COMPLAINANT(S):

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, THROUGH HIGH COURT OF KERALA, ERNAKULAM.

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RIJU, S/O LEEN, JESUS HOUSE, UDAYA NAGAR- 78, KOLLAM EAST VILLAGE, KOLLAM - 691 121.

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R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN. R2 BY SRI.H.HARIKUMAR (KOLLAM)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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---------------------------Crl.M.C.No.253 OF 2012

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-------------------------Dated this the 28^th day of February, 2012.

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O R D E R

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In this petition under Section 482 of

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the Code of Criminal Procedure, the petitioners, who are accused 1 and 2 in Crime No.34/2012 for offences under Section 323, 324 and 308 r/w Section 34 IPC seeks an order to quash all further proceedings in pursuance to Annexure A1 First Information Report with a plea that the matter has been settled and that at the time when the statement of the defacto complainant was recorded, his mother and brother were standing near him. Therefore, he was not in a position to say the truth to the police due to shame and other reasons and that the defacto complainant twisted the incident

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Crl.M.C.No.253 OF 2012 2

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making fault on the petitioners and that the petitioners had not committed any offence as alleged.

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Having heard the learned counsel for the petitioner and perusing the First Information Statement along with Annexure A2 wound certificate of the first petitioner, I find that it is a case where the defacto complainant and the first petitioner after consuming alcohol from a bar quarreled each other near a club and that the defacto complainant was beaten at his heat with a soda bottle and sustained injuries. Possibility for attempt to commit culpable homicide cannot be ruled out. Having regard to the nature of the crime, I find that this is not a fit case to invoke jurisdiction under Section 482 of the Code of Criminal

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Crl.M.C.No.253 OF 2012 3

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Procedure to take cognizance on the so called affidavit filed by the defacto complainant affirming settlement and to quash all further proceedings.

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In the result, this petition is disposed of directing the Investigating officer to speed up the investigation and also to look into the affidavit filed by the defacto complainant and file the final report at the earliest, not later than three months from the date of receipt of a copy of this order which the petitioner shall produce before the Investigating officer.

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Sd/P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge

Sreeraj v. State of Kerala

Case brief

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Sreeraj v. State of Kerala

Case brief

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