The court addressed a grievance where the lower court rejected a prior order quashing prosecution and insisted on a fresh order despite the case transfer. The High Court held the lower court wrong in this view.
Directed the lower court to act on the earlier order quashing the prosecution and declared no further order is required.
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 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937
Crl.MC.No. 7391 of 2015
IN CC 1894/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO. 1175/2012 OF CHAVARA POLICE STATION , KOLLAM
PETITIONER/DE-FACTO COMPLAINANT:
M.K.NASEEMA
D/O KOYAKUTTY(LATE), MUKKADAYIL HOUSE, (ANGAVEETTIL) P.O VADAKKUMTHALA EAST, KARUNAGAPPALLY, KOLLAM DISTRICT NOW AT TC 12/831(1), 'BERSHEBA", HOUSE. NO BHRA 193, BARTON HILL, KUNNUKUZHI. P.O, THIRUVANANTHPAURAM DISTRICT
BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN
RESPONDENTS/ACCUSED:
1. PAREEDKUTTY M.M, S/O MAKKARKUTTY MANIYAMPARA HOUSE, CHOVVARA, ALUVA, ERNAKULAM DISTRICT-695 051
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE CHAVARA, KOLLAM
R2 BY PUBLIC PROSECUTOR SMT.MADHUBEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7391 of 2015 -----------------------
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE.A : THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1175/12 FILED BEFORE THE JFCM COURT, KARUNAGAPPALLY DT. 10/11/12
ANNEXURE.B : COPY OF THE ORDER IN CRL.M.C. 6276/13 DT. 26/8/14
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J. --------------------------------------Crl.M.C No.7391 of 2015 ---------------------------------------
Dated this the 1st day of December, 2015
O R D E R
The petitioner herein is the defacto complainant in C.C No.2690/2012 of the Judicial First Class Magistrate Court, Karunagappally, which now stands transferred to the Judicial First Class Magistrate Court (Temporary), Chavara, and it is numbered as C.C No.1894/2015. The petitioner's complaint is that when the order of this Court in Crl.M.C No.6276/2013 quashing the said prosecution was produced before the learned Judicial First Class Magistrate Court, Chavara, he did not accept it and insisted on production of a proper order quashing C.C No.1894/2015. In view of such grievance a report was called for from the Judicial First Class Magistrate Court, Chavara. This report shows that C.C No.1894/2015 is in fact the case No.2690/2012 transferred from the Judicial First Class Magistrate Court, Karunagappally. In such a situation the learned Magistrate should have accepted the order of this Court in Crl.M.C No.6276/2013 and should have acted accordingly. It was wrong on the part of the learned Magistrate to insist on
Crl.M.C No.7391 of 2015 2
production of a proper order, or to get the order corrected as regards the name of the court. When a prosecution is quashed by this Court, it will have force wherever the case is; whether it is transferred to some other court nor not. A further order quashing C.C No.1894/2015 is not required. It is clarified and directed that the Judicial First Class Magistrate Court (Temporary), Chavara shall act on the order of this Court, in Crl.M.C No.6276/2013 by which the prosecution stands quashed.
Sd/P.UBAID JUDGE
//True Copy//
P.A to Judge
ab
1 issue framed by the court
Whether the lower court was justified in rejecting a final order of this court quashing the prosecution and insisting on production of a new order.
M.K.NASEEMA
PAREEDKUTTY M.M
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
