Petitioners sought quashing of an FIR under Section 420 IPC. The Prosecutor submitted the case was civil in nature. The court recorded the submission and closed the criminal miscellaneous case without further orders.
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 P.UBAID
TUESDAY, THE 16TH DAY OF SEPTEMBER 2014/25TH BHADRA, 1936
Crl.MC.No. 768 of 2014 ()
CRIME NO. 1151/2013 OF KOIPURAM POLICE STATION , PATHANAMTITTA DISTRICT =================
PETITIONERS/ACCUSED 1 & 2:
1. RENJITH T. MATHEW, AGED 48 YEARS S/O. DR.T.V.MATHEW SAMAGRADHA HOLISTIC HOMES, THAYYIL BUILDING, RSPO THIRUVALLA, PATHANAMTHITTA
2. ANNAMMA ABRAHAM, AGED 43 YEARS W/O.RENJITH T. MATHEW SAMAGRADHA HOLISTIC HOMES, THAYYIL BUILDING, RSPO THIRUVALLA, PATHANAMTHITTA
BY ADVS.SMT.S.SREEJA KUM.P.U.ANUPAMA
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 031
2. THE SUB INSPECTOR OF POLICE KOIPURAM POLICE STATION, PATHANAMTHITTA-689 111
3. JOSEPH VARGHESE, AGED 59 YEARS S/O.K.J.GEORGE, KANNAMPLAVIL VEEDU NELLIMALA PO, KUMBANAD, PATHANAMTHITTA - 689 542
R1 & R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. R3 BY ADVS. SRI.PRASAD CHANDRAN SRI.BIJO THOMAS GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 768 of 2014 ()
APPENDIX
PETITIONERS' EXHIBITS
| ANNX.A1 - | CERTIFIED COPY OF COMPLAINT DATED 27-11-2013 AND THE FIRST INFORMATION REPORT DATED 23-12-2013 |
|---|---|
| ANNX.A2 - | TRUE COPY OF THE AGREEMENT DATED 19-01-2013 |
| ANNX.A3 - | TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 24-10-2013 |
| ANNX.A4 - | TRUE COPY OF THE APPOINTMENT OF ARBITRATOR DATED 12-11-2013 |
| ANNX.A5 - | TRUE COPY OF THE NOTICE ISSUED BY THE ARBITRATOR DATED 28-11-2013 |
RESPONDENTS' EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C. No. 768 Of 2014
Dated this the 16th day of September, 2014
The petitioner herein seeks orders under Section 482 Cr.P.C. quashing the FIR in Crime No. 1151/2013 of the Koipuram Police Station of Pathanamthitta District. The offence involved in crime is under Section 420 IPC.
that the police has referred the crime as one of civil nature.
The said submission is recorded and this Crl.M.C. is closed.
Sd/-
P. UBAID, JUDGE
sd
// TRUE COPY // P.A. TO JUDGE
1 issue framed by the court
Whether the FIR under Section 420 IPC should be quashed under Section 482 Cr.P.C. due to its civil nature.
1 provisions across 1 enactments
RENJITH T. MATHEW
ANNAMMA ABRAHAM
STATE OF KERALA
JOSEPH VARGHESE
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
