Single judge disposed of a quashing petition under Section 482 Cr.P.C. regarding a final report in a rape case with Section 34 IPC, expressing no opinion on merits and directed the petitioner to file a separate discharge petition under Section 227 Cr.P.C. instead.
Petition disposed; liberty granted to seek discharge under Section 227 Cr.P.C.
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
THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933
Crl.MC.No. 388 of 2012 (C)
-------------------------(CP.NO.55/2011 IN CR.NO.180/2000 of JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKAD)
PETITIONER: ----------
P.MANIKANTAN,AGED 48 YEARS, S/O.VELAYUDHAN NAIR,VEEANDATHU HOUSE, AGALI. BY ADV. SRI.K.A.MANZOOR ALI
RESPONDENTS: ------------
1.STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE,AGALI PIN-678581. 2.STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, KOCHIN-31
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MJL
CRMC.NO:388/2012
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE A:- A TRUE COPY OF THE FIR OF THE AGALI POLICE STTION IN CR.NO.180/2000
ANNEXURE B:- THE STATEMENT OF KAMALADEVI
ANNEXURE C:- THE TRUE COPY OF THE STATEMENT GIRIJA
ANNEXURE D:- A TRUE COPY OF THE FINAL REPORT FILED BEFORE THE COURT BELOW
RESPONDENTS' ANNEXURE : NIL
/TRUE COPY/
P A TO JUDGE
MJL
P.S.GOPINATHAN, J.
Crl.M.C.NO. 388 OF 2012
---------------------------------------Dated this the 16th day of February,2012
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the 2nd accused in CPNo.55/2011 on the file of the Judicial Magistrate of the First Class, Mannarkard, for offence under Sections 376 read with 34 of the Indian Penal Code, seeks an order to quash Annexure D final report with a plea that there is no averment to send the petitioner for trial.
I have heard the learned counsel appearing for the petitioner and perused the documents including Annexure D final report. Going by Annexure D, I cannot agree with the argument advanced by the learned counsel for the petitioner. However, I am not expressing any opinion on merits as the
Crl.M.C.NO. 388 OF 2012
2
petitioner has got a right to seek for a discharge under Section 227 of the Code of Criminal Procedure and it is not availed.
In the result, this petition is disposed of with liberty to the petitioner to seek for discharge under Section 227 of the Code of Criminal Procedure. In the event, such a petition is filed, before proceeding the trial, the Sessions Judge shall dispose of that petition on merits.
P.S.GOPINATHAN JUDGE
DSV/-
Crl.M.C.NO. 388 OF 2012 3
1 issue framed by the court
Whether a final report filed under Section 173, Cr.P.C. calling for trial under Section 376 IPC is sufficient to deny discharge under Section 227 Cr.P.C. when no specific averment to send for trial ex
3 provisions across 2 enactments
P.Manikantan
State of Kerala
P.S.Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
