This criminal miscellaneous petition challenged the validity of proceedings in C.C.No.1813/2015 initiated based on a compliance report filed by a police officer not authorized under the MMDR Act. The High Court quashed the proceedings.
The criminal case C.C.No.1813/2015 based on Annexure-A2, as against the petitioner, are quashed.
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 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
Crl.MC.No. 1141 of 2016 ()
CC.NO. 1813/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, PUNALUR CRIME NO. 1046/2015 OF THENMALA POLICE STATION , KOLLAM DISTRICT
PETITIONER/ACCUSED:
SREEMON.B., AGED 29 YEARS, S/O. BABY, CHARUVILA PUTHEN VEEDU, MOORTHIKKAVU P.O., PUNALUR.
BY ADV. SMT.ASHA ELIZABETH MATHEW
RESPONDENT(S)/COMPLAINANT & INVESTIVATION OFFICER:
1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM P.O.- 682 031
2. SUB INSPECTOR OF POLICE, THENMALA POLICE STATION, THENMALA P.O,
PUNALUR, KOLLAM DISTRICT.
BY PUBLIC PROSECUTOR SMT. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
CRL.M.C.NO.1141/2016
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX A1 COPY OF THE FIR IN CRIME NO.1046/2015 ANNEX A2 COPY OF THE FINAL REPORT IN CRIME NO.1046/2015 ANNEX A3 COPY OF THE NOTIFICATION DATED 05/06/2015.
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B.KEMAL PASHA, J.
================ Crl.M.C. No. 1141 of 2016
======================= Dated this the 14th day of March, 2016
O R D E R
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Crl.M.C. No. 1141 of 2016
-: 2 :-
cognizance of the offence on the basis of Annexure-A2 Compliance Report filed by the Sub Inspector of Police.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1813/2015 of the Judicial First Class Magistrate's Court-I, Punalur, based on Annexure-A2, as against the present petitioner, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE
stu
1 issue framed by the court
Whether the court below ought to have taken cognizance of the offence based on a Compliance Report filed by a Sub Inspector of Police who was not an authorized officer under Section 22 of the Mines an
Colour shows how this judgement treated each authority
None cited in this textReferred
1 provisions across 1 enactments
Sreemon.B.
State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
