The High Court dismissed quashing petitions filed under Section 482 CrPC challenging a final report in a cheating and刑事 case. The court found the proceedings not fit for quashing and dismissed the petitions without prejudice to the defense.
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. P.S.GOPINATHAN
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933
Crl.MC.No. 358 of 2012 ()
IN CC.NO.182/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD
PETITIONERS/A1:
ANIL,S/O.PURUSHOTHAMAN, AGED 43 YEARS, PAZHAYAKADU VEEDU, POTHAPPALLY SOUTH MURI, KUMARAPURAM VILLAGE, ADINADU NORTH, ALAPPUZHA DISTRICT.
BY ADVS.SRI.M.V.THAMBAN
SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN
RESPONDENTS/STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DISTRICT.
2. AJI, AGED 45 YEARS, W/O.AZAD, RESIDING AT GOPALIL VEEDU, ERIKKAVU (PO), KARTHIKAPPALLY, ALAPPUZHA DISTRICT-688001.
BY SRI.RAJESH VIJAYAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-02-2012, ALONG WITH CRMC.NO.359/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AS
CRMC.NO.358/2012
APPENDIX
PETITIONER(S) ANNEXURE :
| ANNEXURE A1 : | COPY OF THE FIR DTD. 7.4.2011 IN CRIME NO.342/2011 OF THE HARIPAD POLICE STATION, ALAPPUZHA DISTRICT. |
|---|---|
| ANNEXURE A2 : | COPY OF THE CHARGE SHEEET DTD.15.7.2011 IN CRIME NO. 342/2011 OF THE HARIPAD POLICE STATION, ALAPPUZHA DISTRICT. |
| ANNEXURE A3 : | COPY OF THE SETTLEMENT DEED DTD.20.4.2010. |
| ANNEXURE A4 : | COPY OF THE APPLICATIION FILED BY THE DEFACTO COMPLAINANT VIDE CMP NO.4128/2010, PENDING BEFORE JFCM-I, HARIPPAD. |
| ANNEXURE A5 : | COPY OF THE ORDER DTD. 20.8.2010 IN MC NO.75/2010. |
| ANNEXURE A6 : | COPY OF THE EXTRACT OF THE MEMORANDUM OF WRIT PETITION VIDE WPC NO.494/2012. |
| ANNEXURE A7 : | COPY OF THE INTERIM ORDER DTD.13.1.2012 IN WPC NO. 494/2012. |
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
AS
P.S.GOPINATHAN, J.
Crl.M.C.NO. 358 & 359 OF 2012
Dated this the 15th day of February,2012
O R D E R
In these petitions under Section 482 of the Code of Criminal Procedure, the petitioners, who are accused 1 and 2 in C.C.No.182/2011 on the file of the Judicial Magistrate of the First Class-II, Harippad, seek an order to quash Annexure A2 final report accusing offences under Sections 447, 509 and 506(ii) read with 34 of the Indian Penal Code and Section 32 of the Protection of Women from Domestic Violence Act. The petition is filed with a plea that by the averments in the final report, the offences alleged are not made out.
Having heard the learned counsel for the petitioner and perusing the documents including Annexure A2, I cannot agree with the learned counsel for the petitioner. Prima facie there are materials in support of the offences alleged in the
Crl.M.C.NO. 358 & 359 OF 2012 2
final report. Of course, the first respondent being a co-owner of the property where the incident occurred there may not be offence under Section 447 of the Indian Penal Code as against him. But the 2nd accused being a stranger that offence is made out by the averments in the final report. However, I am not making any observation regarding the merits of the case as the petitioners have to face the trial and any observation now made may cause prejudice to them. Having due regard to the facts and circumstance and the averments in the final report, I find that this is not a fit case to invoke jurisdiction under Section 482 of the Code of Criminal Procedure.
In the result, these petitions are dismissed without prejudice to the defence of the petitioners.
P.S.GOPINATHAN JUDGE
DSV/-
Crl.M.C.NO. 358 & 359 OF 2012 3
2 issues framed by the court
Whether the High Court should exercise discretion under Section 482 CrPC to quash the final report and probable court proceedings in light of the averments in the final report.
Whether the averments in the final report prima facie substantiate the allegations against the accused.
3 provisions across 3 enactments
Anil
Aji
State of Kerala
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.S. Gopinathan
Parties & counsel
