The Kerala High Court held that a petition to quash an FIR must be remitted to the court below to be considered during the committal proceedings under Section 227 Cr.P.C.
The Crl.M.C. for quashing the FIR is closed with liberty to plead for discharge under Section 227 Cr.P.C before the trial court.
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
THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937
Crl.MC.No. 892 of 2015 ()
CRIME NO. 895/2014 OF NEDUMKANDAM POLICE STATION , IDUKKI
PETITIONER(S)/ACCUSED:
BY ADV. SRI.S.SACHITHANANDA PAI
RESPONDENT(S):
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R BY ADV. PUBLIC PROSECUTOR SMT.SAREENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 892 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1:CERTIFIED COPY OF THE FIR IN CRIME NO.895/14 OF NEDUMKANDOM POLICE STATION.
ANNEXURE 2: CERTIFIED COPY OF THE FIR IN CRIME NO.324/14 OF NEDUMKANDOM POLICE STATION
ANNEXURE 3: CERTIFIED COPY OF THE SEIZURE MAHAZAR IN CRIME 324/14 NEDUMKANDOM POLICE STATION
RESPONDENT(S)' EXHIBITS : NIL
// True Copy //
PA to Judge
B. KEMAL PASHA, J.
Crl.M.C. No.892 of 2015
Dated this the 3rd day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioner wants to get Annexure-1 FIR in Crime No.895/2014 of Nedumkandom Police Station, quashed. After filing of the Crl.M.C., the final report was filed in the matter after investigation and the final report was taken on file by the court below on 17.07.2015. The same is presently pending as C.P.40/2015 before the court below. According to the petitioner,
he wants to amend the Crl.M.C. for incorporating a relief for getting the final report also quashed. On going through the matter, this Court is of the view that the matter has to be considered by the concerned court on committal at the stage of Section 227 Cr.P.C. The petitioner can invite the concerned court into the allegations and plead for a discharge under Section 227 Cr.P.C, in case he is entitled for the same.
With the said liberty, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/03/09
2 issues framed by the court
Whether a petition seeking quashing of an FIR should be maintained or remitted to the court below for consideration at the stage of discharge under Section 227 Cr.P.C
Whether a petitioner can seek discharge after the investigation report has been filed by the police
1 provisions across 1 enactments
JAMES ANTONY
ALICE ANTONY
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
