On the application of an accused petitioner challenging an FIR, the High Court noted that the investigation was complete and the Final Report was filed. It directed the petitioner to challenge the Final Report separately in the pending Criminal Procedure Code case pending before the Judicial First Class Magistrate's 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 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937
Crl.MC.No. 220 of 2016
CRIME NO. 853/2015 OF AMBALAMEDU POLICE STATION, ERNAKULAM.
PETITIONER/ACCUSED IN CRIME NO.853/15:
P.N.SURENDRAN NAIR, AGED 53 YEARS, S/O.NARAYANAN, STAFF NO.81205, BPCL, KOCHI REFINERY, RESIDING AT ANIZHAM, PUZHAKKARAPADAM, VENNALA, ERNAKULAM.
BY ADVS.SRI.C.S.AJITH PRAKASH SRI.M.B.SOORI
RESPONDENT(S)/STATE & THE DEFACTO COMPLAINANT:
1. STATE OF KERALA,
2. THE ASSISTANT COMMISSIONER OF POLICE,
3. SAJEEV KUMAR J., S/O.RAJAPPAN,
R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R3 BY ADV. SRI.C.P.UDAYABHANU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 220 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
| ANNEXURE-A1. | A TRUE COPY OF THE FIR IN CRIME NO.853/15 AND THE ACCOMPANIYING FI STATEMENT. |
|---|---|
| ANNEXURE-A2. | A TRUE COPY OF THE MAHAZAR PREPARED BY THE POLICE. |
| ANNEXURE-A3. | A TRUE COPY OF THE FIR IN CRIME NO.852/2015 AGAINST THE DEFACTO COMPLAINANT. |
| ANNEXURE-A4. | A TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES BOOKS OF THE CREA UNION EVIDENCING EXPULSION OF THE DEFACTO COMPLAINANT. |
| ANNEXURE-A5. | A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE DEFACTO COMPLAINT BEFORE THE BPCL MANAGEMENT DATED 16/10/2015. |
| ANNEXURE-A6. | A TRUE COPY OF THE SHOW CAUSE NOTICE. |
| ANNEXURE-A7. | A TRUE COPY OF THE ORDER IN BA NO.7794/2015 DATED 15/12/2015. |
RESPONDENT(S)' ANNEXURES: NIL ----------------------------------------------
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
====================
CRL.M.C. No.220 of 2016
====================
Dated this the 18th day of February, 2016
O R D E R
What is under challenge is the First Information
Report in Crime No.853 of 2015 of the Ambalamedu Police Station.
With the said liberty to the petitioner, this Crl.M.C. is disposed of.
Sd/-
B. KEMAL PASHA,
JUDGE.
DSV/19/2/16
// True Copy //
P.A. To Judge
P.N. SURENDRAN NAIR
STATE OF KERALA
THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA
SAJEEV KUMAR J.
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
