The Court held that in exercise of powers under Section 482 Cr.P.C. regarding offences under IPC and Passport Act, it cannot examine intrinsic evidence. The matter is to be taken up under Section 239 Cr.P.C. before the court below.
Petitioner directed to file application under Section 239 Cr.P.C. before court below; present Crl.M.C. closed.
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 B.KEMAL PASHA
MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937
Crl.MC.No. 3220 of 2015 ()
--------------------------CRIME NO. 761/2013 OF KARIPUR POLICE STATION, MALAPPURAM DISTRICT.
PETITIONER/ACCUSED:
KOTTARAYIL FASILJAN, D/O.KOTTARAYIL UMMER, KOTTARAYIL HOUSE, EDATHANATTUKARA POST, PALAKKAD DISTRICT.
BY ADVS.SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN.
RESPONDENT/DE FACTO COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, INSTRUCTIONS THROUGH THE SUB INSPECTOR OF POLICE, KARIPPUR POLICE STATION, MALAPPURAM DISTRICT.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 3220 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEX. C : TRUE COPY OF THE PASSPORT OF THE PETITIONER.
ANNEX. E : TRUE COPY OF THE AADHAR CARD OF THE PETITIONER.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B.KEMAL PASHA, J.
================
Crl.M.C. No. 3220 of 2015
======================= Dated this the 7th day of September, 2015
O R D E R
The petitioner is the accused in Crime No.761/2013 of Karippur Police Station, Malappuram, registered for the offences punishable under Sections 468 and 471 IPC and Section 12(1)(b) of the Indian Passport Act.
2
Crl.M.C. No. 3220 of 2015
this cannot go into the intrinsic particulars of the evidence collected by the Investing Officer and the records and to have a threadbare examination. It is for the petitioner to take up the matter before the court below under Section 239 Cr.P.C.
With the said liberty to the petitioner, this Crl.M.C is
closed.
Sd/- B.KEMAL PASHA, JUDGE
stu
1 issue framed by the court
Whether to exercise inherent powers under Section 482 Cr.P.C. to quash criminal proceedings at this stage.
5 provisions across 3 enactments
KOTTARAYIL FASILJAN
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
