In a criminal matter involving accused under Section 304 r/w 34 IPC, the High Court of Kerala disposed of a quashing petition under Section 482 CrPC without expressing an opinion on merits, granting liberty to the petitioners to seek discharge under Section 227 CrPC.
Petition disposed with liberty to raise plea for discharge under Section 227 CrPC.
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
FRIDAY, THE 24TH DAY OF FEBRUARY 2012/5TH PHALGUNA 1933 Crl.MC.No. 495 of 2012 (B) ------------------------CP.17/2011 of J.M.F.C.-II,TRIVANDRUM CRIME NO.51/2011 OF MANNANTHALA POLICE STATION. PETITIONER(S)/PETITIONERS/A1,A3 AND A4::
COMPLAINANT(S)/RESPONDENTS/STATE AND CW1::
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
amk
P.S.GOPINATHAN, J
----------------------------
Crl.M.C.No.495 OF 2012
-------------------------Dated this the 24th day of February, 2012.
O R D E R
In this petition under Section 482 of the Code
of Criminal Procedure, the petitioners, who are accused
1, 3 and 4 in C.P.No.17/2011 on the file of the Judicial
Magistrate of the First Class - II, Thiruvananthapuram for offence under Section 304 r/w Section 34 IPC seeks an order to quash all further proceedings against the petitioners with a plea that no offence is made out.
Annexure A final report, I cannot agree with the persuasive arguments advanced by the learned counsel for the petitioner. However, I am not expressing any
opinion on merits since the petitioners have got an opportunity to seek for discharge under Section 227 of
Crl.M.C.No.495 OF 2012 2
the Code of Criminal Procedure before going for trial.
In the result, this petition is disposed of with
liberty to the petitioners to raise the plea for discharge under Section 227 of the Code of Criminal Procedure.
Sd/P.S.GOPINATHAN,
JUDGE
//True Copy//
P.A to Judge
2 issues framed by the court
Whether to quash criminal proceedings under Section 482 CrPC when petitioners have opportunity for discharge.
Whether to express an opinion on merits before a discharge application is heard.
3 provisions across 2 enactments
Aneesh (A1)
Bahul (A3)
Jayakrishna Pilla (A4)
State of Kerala
Jayuakumar (CW1)
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
