A set of proceedings in a criminal miscellaneous case regarding quashing the FIR and investigation report filed against the petitioner, who claimed involvement in piracy cases at his father's shop. The court held that these allegations are matters of evidence.
Petition to quash Annexure-A2 final report and proceedings in C.C.No.73/2012 was dismissed.
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 K.RAMAKRISHNAN
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
Crl.MC.No. 1148 of 2014
CC NO.73/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,THRISSUR CRIME NO. 2343/2011 OF THRISSUR EAST POLICE STATION , THRISSUR
PETITIONER(S)/ACCUSED:
LIMSON, AGED 25 YEARS, S/O.SIMON, NEELEMKAVIL HOUSE, CHITTILAPILLY VILLAGE, THRISSUR TALUK, THRISSUR.
BY ADV. SRI.K.I.SAGEER
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REP. BY INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR (CRIME NO.2343/2011) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
Crl.MC.No. 1148 of 2014
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1: A TRUE COPY OF THE FIR IN CRIME NO.2343/2011 OF THRISSUR EAST POLICE STATION DT. 01/12/2011.
ANNEXURE A2: A TRUE COPY OF THE FINAL REPORT IN CRIME NO.2343/2011 OF THRISSUR EAST POLICE STATION DT. 28/12/2011.
ANNEXURE A3: A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED UNDER KV AT RULES DT. 3/9/2009.
ANNEXURE A4: A TRUE COPY OF THE JUDGMENT DT. 11/4/2012 IN WPC NO.6082/2012 OF THIS HON'BLE COURT.
ANNEXURE A5: A TRUE COPY OF THE COMMUNICATION DT. 21/5/2012 OF MOVIE LAND TO 'SHALOM VIDEO'S'.
RESPONDENT(S)' ANNEXURES:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
K. RAMAKRISHNAN, J.
-----------------------------------------------------------------Crl.M.C. No.1148 of 2014
--------------------------------------------------------------------Dated this the 20th day of March, 2014
This criminal miscellaneous case is filed by the petitioner, who is the accused in C.C.No.73/2012 on the file of the Judicial First Class Magistrate Court-I, Thrissur, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the ‘Code’).
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seized about 89 CD's and registered a case as crime No.2343/2011 under Section 52(A) and 68(A) of Copy Right Act and after investigation they filed final report before the Judicial First Class Magistrate Court-I, Thrissur, and its was taken on file as C.C.No.73/2012 and pending before that court. According to the petitioner, he was neither the owner nor the salesman of the shop and it belong to his father and he is a franchise of one 'Movie Land', who are the producers of the CD and as such, no offence has been committed by him. So he came before this court, seeking the following relief:
“For these and other grounds raised at the time of hearing it is most humbly prayed that this Hon'ble Court may be pleased to quash Annexure-A2 final report and all further proceedings in C.C.No.73/2012 on the file of the Hon'ble Judicial First Class Magistrate Court-I, Thrissur which arose from Crime No.2343/2011 of Thrissur East Police Station in the interest of justice.”
and learned Public Prosecutor.
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petitioner and in fact he is neither the owner nor the salesman of the shop and the licence of the shop stands in the name of his father and so the petitioner is not liable. Further, his father has got the Copy Right of sale of the CD's from the manufacturers of these CD's, which were seized by the police. So according to him, he had produced documents that will prove this case and he has not committed any offence.
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report was registered and the petitioner was also arrested and later released him on bail from court. It is also an admitted fact that, after investigation Annexure-A2 final report was filed against the petitioner and the case is now pending before the Judicial First Class Magistrate Court-I, Thrissur, as C.C.No.73/2012. The respondent had filed a detailed statement regarding this aspect as well.
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allegations are sufficient to attract the offence, then it is not proper for this court to invoke the power under Section 482 of the ‘Code’ to quash the proceedings. So the petitioner is not entitled to get the relief to quash the proceedings claimed in the petition, invoking the power under Section 482 of the ‘Code’.
With the above direction and observation, the petition is dismissed.
Sd/K. Ramakrishnan, Judge
// True Copy //
ss
1 issue framed by the court
Whether proceedings can be quashed under Section 482 of the CrPC where the petitioner's defence depends on evidence regarding franchise and shop ownership.
1 provisions across 1 enactments
Limson
State of Kerala
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
