Petitioner sought quashing of criminal proceedings under Section 482 CrPC alleging offshoot charges. Court directed lower court to dispose of any discharge application within two months instead of quashing at this stage, then disposed of the petition.
Direction to lower court to dispose of discharge application within two months; petition disposed of.
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
MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
Crl.MC.No. 2143 of 2013 (E)
--------------------------------------[C.C.NO.512/2012 ON THE FILES OF THE JUDICIAL FIRST CLASS - MAGISTRATE COURT - I, THIRUVANANTHAPURAM, CRIME NO. 441/2012 OF KARAMANA POLICE STATION]
PETITIONER/3RD RESPONDENT:
SURESH KUMAR, AGED 49 YEARS, S/O.CHELLAPPAN PILLAI, VISHAK, T.C.55/991, SANKAR NAGAR, NEERAMANKARA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.DINESH.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. P. MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
CRL.M.C. NO.2143/2013 - E:
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE-A1: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.441/12 OF KARAMANA POLICE STATION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, THIRUVANANTHAPURAM.
ANNEXURE-A2: CERTIFIED COPY OF THE F.I.R. IN F.I.R.NO.515/12 OF TRAFFIC POLICE STATION, THIRUVANANTHAPURAM.
RESPONDENT'S ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.RAMAKRISHNAN, J.
Crl.M.C.No.2143 of 2013
Dated this the 16th day of June, 2014
ORDER
This is an application filed by the petitioner who is the 3rd accused in C.C.No.512/2012 on the files of the
Judicial First Class Magistrate Court-I, Thiruvananthapuram to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called as the 'Code').
Crl.M.C.No.2143 of 2013 2
are not sufficient to attract the offence against the petitioner and it has been made as an offshoot to escape from the consequences of Crime No.515/2012 of City Traffic Police Station which was registered against him alleging offences under Sections 279 of the Indian Penal Code and 185 of the Motor Vehicles Act. So the petitioner has no other remedy except to approach this Court seeking the following relief.
“ to quash Annexure-A1 Final Report in Crime No.441/12 of Karamana Police Station.”
Crl.M.C.No.2143 of 2013 3
before that court itself. So the petition is disposed of as follows:
If the petitioner files an application for discharge in C.C.No.512/2012, pending before the Judicial First Class Magistrate Court-I, Thiruvananthapuram, then the learned Magistrate is directed to consider and dispose of that application as expeditiously as possible at any rate within two months from the date of filing of that application.
With the above direction and observation this petition is disposed of.
Office is directed to communicate this order to the
concerned court immediately.
Sd/ - K.RAMAKRISHNAN JUDGE
MJL
2 issues framed by the court
Whether Section 482 CrPC should be invoked to quash proceedings given the pending charge framing stage.
Whether the magistrate should dispose of a discharge application expeditiously within two months.
1 provisions across 1 enactments
Suresh Kumar
State of Kerala
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
