The Kerala High Court dismissed a criminal miscellaneous petition seeking quashing of criminal proceedings under Section 482 CrPC. The court held that non-appearance of the accused and pending coercive measures made it unfit for intervention.
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 S.S.SATHEESACHANDRAN
WEDNESDAY, THE 17TH DAY OF OCTOBER 2012/25TH ASWINA 1934
Crl.MC.No. 3075 of 2012 (D)
[C.C.NO.786/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY]
PETITIONER/ACCUSED NO.1:
SABU T.VARGHESE, S/O. VARGHESE MATHAI, AGED 42, THOZHUTHUNGAL, PALAKKAMATTOM, KINGINIMATTOM P.O., ERNAKULAM DISTRICT.
BY ADVS.SRI.P.KESAVAN NAIR, SRI.K.G.CLEETUS.
RESPONDENTS/COMPLAINANT-DEFACTO COMPLAINANT:
1. SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, PUTHENCRUZ.
2. ANUMOL P.B, D/O. BABU P.K., PARIYARATHIL HOUSE, PERUVA P.O, KOTTAYAM-686 610.
R1 BY PUBLIC PROSECUTOR SRI. R. RANJITH.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C. NO.3075/2012-D:
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1TRUE COPY OF THE F I R DATED 19-03-2010 REGISTERED BY THE 1ST RESPONDENT. ANNEXURE A2TRUE COPY OF THE CHARGE SHEET DATED 25-06-2010. ANNEXURE A3TRUE COPY OF THE STATEMENT OF 2ND RESPONDENT. ANNEXURE A4TRUE COPY OF THE ORDER DATED 29-09-2010. ANNEXURE A5TRUE COPY OF THE ORDER DATED 20-12-2011 IN C.M.P.NO. 3462/10.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
S.S.SATHEESACHANDRAN, J.
----------------------------------------------Crl.M.C.No No.3075 of 2012
----------------------------------------------Dated this the 17th day of October, 2012
O R D E R
Petitioner is the 1st accused in a pending case numbered as C.C.No.786 of 2010 on the file of the Judicial Magistrate of the First Class, Kolencherry. He is being prosecuted with two others for offences punishable under Sections 495 and 498-A read with Section 34 of the Indian Penal Code. The application moved by the other
two accused for discharge was allowed by the magistrate in which some observations are made that there is no prima face case against the petitioner/1st accused, is the plea canvassed to quash the proceedings against him invoking the inherent powers of this court under Section 482 of the Code of Criminal Procedure {for short 'the Code'}.
Crl.M.C.No.3075 of 2012
Petitioner has not so far appeared before the magistrate, is admitted. From the facts and circumstances presented, it is evidently clear that against the petitioner coercive steps taken by the court to his secure his presence must be pending. When that be so, this is not a fit case warranting interference invoking the inherent powers of this court under Section 482 of the Code. Petition is dismissed.
Sd/- (S.S.SATHEESACHANDRAN) JUDGE
sk/-
//true copy//
1 issue framed by the court
Whether this court can quash criminal proceedings against an accused who has not appeared before the trial court and is subject to coercive steps to secure his presence.
1 provisions across 1 enactments
Sabu T.Varghese
Sub Inspector of Police
Anumol P.B
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
