Dismissed

Ajayan and Others v. State of Kerala

Kerala HC1 Feb 2013Crl.MC/2677/2008

Case brief

AI extract

What is this about?

High Court rejected application to quash FIR on notice to investigate stage. Court found primitive stage premature for invocation of Section 482 CrPC to quash proceedings. An opportunity was given to the accused to raise their defences at appropriate stage in lower court.

What did the court decide?

Application closed; no reason to invoke Section 482 CrPC to quash proceedings at this stage.

Ajayan and Others Vs State of Kerala — Quashing and FIR | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN

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FRIDAY, THE 1ST DAY OF FEBRUARY 2013/12TH MAGHA 1934

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Crl.MC.No. 2677 of 2008 (D)

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PETITIONERS/ACCUSED:

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1. AJAYAN, AGED 21 YEARS, S/O.GOPALAN, KALEELIL PADINJATTATHIL, VAYALIL VEEDU, MUNDAKKAL VILLAGE, ERAVIPURAM P.O.

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2. MAHESH, AGED 18 YEARS, S/O.THAMPI, KUNNATHU PADINJATTATHIL VEEDU, MUNDAKKAL VILLAGE, ERAVIPURAM P.O.

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3. SUJITH, AGED 20 YEARS, S/O.VENU, POCHAPPALY, THODIYIL VADAKKATHIL VEEDU.

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4. VINOD, AGED 26 YEARS, S/O.BABU, THEKKETHURA THODIYIL MUNDAKKAL VILLAGE, ERAVIPURAM P.O.

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BY ADV. SRI.C.RAJENDRAN.

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RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA, REP. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. VISHNU, S/O.MANOHARAN, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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CRL.M.C. NO.2677/2008-D:

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APPENDIX

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PETITIONERS' ANNEXURE:

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ANNEXURE A1: CERTIFIED COPY OF THE FIR IN CRIME NO.592/2008 OF THE KOLLAM EAST POLICE STATION.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

K. RAMAKRISHNAN, J.

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Criminal M.C. No.2677 of 2008

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Dated this the 1^st day of February, 2013

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ORDER

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This is an application filed by accused Nos.1 to 4 in Crime No.592 of 2008 of Kollam East Police Station, to quash the F.I.R to the extent, that no offence under Section 324 and 27 Arms Act has been made out under Section 482 of Criminal Procedure Code. The counsel for the petitioner submitted that the allegations are not sufficient to attract those two offences. I am afraid that it is in the primitive stage to express any opinion regarding the same. The investigation is in the preliminary stage. So an opportunity

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can be given to the accused, to raise all the defence available including plea for discharge, at the appropriate stage in the lower court. At this stage, I do not find any reason to invoke Section 482 of Criminal Procedure Code to quash the proceedings. With the above observation, the application is closed.

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Sd/-

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K. RAMAKRISHNAN, (Judge)

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Ajayan and Others v. State of Kerala

Case brief

What is this about?

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Ajayan and Others v. State of Kerala

Case brief

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What did the court decide?

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