Disposed

Dominic Xavier v. Gabreethamma

Kerala HC30 Jan 2012Crl.MC/62/2012

Case brief

AI extract

What is this about?

High Court of Kerala in a criminal miscellaneous petition under Section 482 CrPC refused quashing of a final report under Section 200 CrPC, noted the correct remedy is to apply under Section 258 CrPC to the trial court, disposed of the petition, and directed the trial court to consider exemptions from personal appearance.

What did the court decide?

Petition disposed with liberty to apply under Section 258 CrPC; request for personal appearance exemption remitted to trial court.

Dominic Xavier Vs Gabreethamma — Criminal Trial and Appeal | 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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MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933

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CRMC.No. 62 of 2012 (C)

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CC.1836/2010 of J.M.F.C.-II,NEYYATTINKARA

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PETITIONER(S)/3RD ACCUSED:

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DOMINIC XAVIER, AGED 32 YEARS, S/O. FRANCIS, BRIGHT HOME POYPALLIVILAKOM SOUTH KOLLOMKODE, POZHIYOOR.P.O. TRIVANDRUM-695513.

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BY ADV. SRI.S.MOHAMMED AL RAFI

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COMPLAINANT(S):

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GABREETHAMMA D/O. THRESSIA, PARUTHIYOOR PULLUVILAKOM VEEDU SOUTH KOLLOMKODE, POZHIYOOR.P.O. TRIVANDRUM-695513.

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR

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HIGH COURT OF KERALA,ERNAKULAM.

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R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRMC.No. 62 of 2012 (C)

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APPENDIX

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PETITIONER(S) EXHIBITS :-

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ANX.A	CERTIFIED COPY OF THE FIR IN CRIME 27/10 OF NEYYATTINKARA POLICE STATION ALONG WITH F.I. STATEMENT OF 1ST RESPONDENT.
ANX.B	CERTIFIED COPY OF THE FINAL REPORT IN THE CRIME 27/2010 OF NEYYATTINKARA POLICE STATION.
ANX.C	TRUE COPY OF THE ORDER DATED 25-3-2010 IN C.M.A NO. 22/09 ON THE FILE OF SUB COURT, NEYYATTINKARA.
ANX.D	TRUE COPY OF THE JUDGMENT DATED 24-3-2011 IN O.S. NO. 392/09 ON THE FILE OF COURT OF 1ST ADDITIONAL MUNSIFF, NEYYATTINKARA.
ANX.E	TRUE COPY OF THE TIME CARD OF THE PETITIONER SHOWING HIS PRESENCE IN CHENNAI.
ANX.F	TRUE COPY OF THE CREDIT CARD TRANSACTIONS OF THE PETITIONER DURING AUGUST, 2010.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A TO JUDGE

amk

P.S.GOPINATHAN, J

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---------------------------Crl.M.C.No. 62 OF 2012

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-------------------------Dated this the 30^th day of January, 2012.

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, the 3^rd accused in C.C.No.1836/2010 on the file of the Judicial Magistrate of the First Class - 2, Neyyattinkara seeks an order to quash Annexure B final report with a plea that no offence is made out.

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Having gone through Annexure B and hearing the learned counsel for the petitioner, I cannot agree with the learned counsel for the petitioner. However, I am not expressing any opinion on merits, because, in the event no offence is made out, the petitioner has got a right to seek for stopping all further proceedings under Section 258 of the Code of Criminal Procedure. I find that the proper course open to the petitioner is to approach the trial court. There is no circumstance warranting to invoke jurisdiction under Section 482 of the Code of Criminal Procedure.

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Crl.M.C.No. 62 OF 2012 2

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In the result, this petition is disposed of with liberty to the petitioner to apply for stopping all further proceedings under Section 258 of the Code of Criminal Procedure. In the event such a petition is filed, the trial court, before proceeding with the trial, shall dispose of that petition.

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The learned counsel for the petitioner sought for an order to exempt the petitioner from personal appearance. It is a matter to be looked into by the trial court on appropriate proceedings.

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Sd/P.S.GOPINATHAN,

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//True Copy//

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P.A to Judge

Dominic Xavier v. Gabreethamma

Case brief

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Dominic Xavier v. Gabreethamma

Case brief

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