Criminal Misc. application filed by accused to quash proceedings alleging false implication. Court rejected application as investigation report filed only against husband, deleting other accused, rendering quash petition unnecessary.
Application to quash proceedings dismissed; order closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 5TH DAY OF JULY 2013/14TH ASHADHA, 1935
Crl.MC.No. 863 of 2009 ( )
CRIME NO. 322/2008 OF THE MANNAR POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CMP 5941/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-I, CHENGANNUR DATED NIL
1. SREEDHARAN VAIDYAN, GURU BHAVANAM, BUDHANOOR P.O., CHENGANOOR.
2. RAJAMMA, W/O.SREEDHARAN VAIDYAN,
BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW
RESPONDENT/DEFACTO COMPLAINANT & STATE:
1. ARCHANA V.K., VALEZHATHU HOUSE, KANNAMANGALAM SOUTH, CHETTIKULANGARA P.O. MAVELIKKARA.
2. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
BY GOVERNMENT PLEADER SMT.MADHUBEN R1 BY ADV. SRI.S.RAJEEV
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jm/
Crl.MC.No. 863 of 2009
APPENDIX
PETITIONER'S ANNEXURES:
A1: COPY OF THE PRIVATE COMPLAINT FILED BY 1ST RESPONDENT BEFORE THE JFCM COURT, CHENGANNUR AS C.M.P. NO. 5941/2008
A2: A CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 322/08 OF THE MANNAR POLICE STATION.
RESPONDENTS' EXHIBITS : NIL
\ TRUE COPY \
PA TO JUDGE
jm
K. RAMAKRISHNAN, J.
O R D E R
This is an application filed by accused numbers 2 and 3 to quash the proceedings in Crime No.322/2008 of Mannar Police Station, under Section 482 of the Code of Criminal Procedure. It is alleged in the petition that they have been falsely implicated in the case. They are the in-laws of the defacto-complainant. The allegations in the complaint does not make out a case against them and so they wanted to quash the Annexure-II, First Information Report. Today, when this case come up for hearing, the learned Government Pleader produced the copy of final report, which shows that, after investigation final report has been filed only against the husband of the defacto-complainant, and the present petitioners were deleted from the array of accused. So, there is no necessity to quash the proceedings as they have not been made accused in the final report.
With the above observation, the petition is closed.
ss
1 issue framed by the court
Whether proceedings should be quashed when accused were deleted from final report.
1 provisions across 1 enactments
SREEDHARAN VAIDYAN
RAJAMMA
STATE OF KERALA
K. RAMAKRISHNAN
As recorded by the court registry
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