Petition to quash criminal proceedings under Section 482 CrPC filed by the 3rd accused alleging lack of proper investigation. Court noted final report filed and disposed of petition recording magistrate report and counsel submission.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 27TH DAY OF JUNE 2014/6TH ASHADHA, 1936`
Crl.MC.No. 671 of 2014 ()
CRIME NO. 228/2009 OF KANAKAKUNNU POLICE STATION , ALAPPUZHA DISTRICT
PETITIONER/ACCUSED NO.3:
SANJU SAHADEVAN,S/O.SAHADEVAN, SANJU BHAVANAM, KUTTIPPURAM JUNCTION, THAVAZHA VILLAGE, KOLAM -690 539.
BY ADV. SRI.V.JAYAPRADEEP
RESPONDENT(S)/COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, KANAKAKKUNNU, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031
2. RAVEENDRAN,S/O.KUNJACHAN, RAVI NIVAS, MUTHUKULAM VADAKKUMMURI, MUTHUKULAM VILLAGE, ALAPPUZHA.
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 671 of 2014 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX A1: CERTIFIED COPY OF THE F.I.R IN CRIME NO.228/09 OF THE KANAKAKKUNNU PS
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
K. RAMAKRISHNAN, J.
Criminal M.C. No.671 of 2014
--------------------------------------------------------------------Dated this the 27th day of June, 2014
O R D E R
This criminal miscellaneous case is filed by the 3rd accused in Crime No.228/2009 of Kanakakkunnu police station, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').
Crl.M.C.No. 671 / 2014
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father is working in Jeddah,KSA, and on account of the registration of the crime he is not able to go abroad and seek better employment. So he has no other option, except to approach this court, seeking the following relief:
i. Call for the records pertain to Annexure-A1 of Kanakakkunnu police station crime No.228/2009 and quash the same;
ii. To grant such other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
station, filed a report stating that, they have already completed the investigation and final report has been filed. A report has been called for from the Judicial First Class Magistrate Court-I, Harippad, regarding this aspect and accordingly, learned magistrate sent a report, which reads as follows:
“In obedience to the Official Memorandum referred above, I may humbly report that final report has been filed in crime No.228/2009 of Kanakakkunnu police station on 5.6.14. The case was taken into file as CC.457/14. Cognizance has been taken for offences punishable u/s 109, 379 and 201 r/w 34 IPC. The case now stands posted to 29.10.2014, for return of summons.
The matter is reported before the Hon'ble High
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Crl.M.C.No. 671 / 2014
Court of Kerala for favour of kind consideration.”
Kanakakkunnu police station on 05.06.2014 and it was taken on file as C.C. 457/2014 and it is posted to 29.10.2014 for return of summons sent to the accused.
When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that, the above submission may be recorded and the petition may be disposed of. Accordingly, the report of the learned magistrate and the submission of the learned counsel for the petitioner are recorded and the petition is disposed of accordingly.
Sd/K. Ramakrishnan, Judge
// True Copy //
P.A. to Judge
ss
1 issue framed by the court
Whether the petition to quash criminal proceedings under Section 482 CrPC should be disposed of when investigation is complete and final report is filed despite lack of U.N. report.
3 provisions across 2 enactments
Sanju Sahadevan
The State of Kerala
Raveendran
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
