The High Court of Kerala heard a petition challenging an FIR under Section 482 CrPC. Upon the submission that the case is pending as C.C. No. 2830/2013, the petition was dismissed without prejudice to rights to challenge the final report.
Petition dismissed without prejudice to the right of the petitioner to challenge the final report.
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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2016/3RD ASHADHA, 1938
Crl.MC.No. 827 of 2013 ()
CMP.NO. 509/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO. 167/2013 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED:
RAJESH.M., AGED 28 YEARS, S/O. MANIYAN, R/AT KUTTIPPALAVILAYIL, KURAMPALA, PANDALAM - 689 501.
BY ADVS.SMT.T.S.MAYA (THIYADIL) SRI.K.RAJEEV (THIYADIL)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, (REPRESENTING THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION).
2. M.G. MURALI, AGED 40 YEARS, S/O. GOPALAN, R/AT MAVARA PUTHEN VEEDU, KURAMBALA NORTH MURI, KURAMBALA VILLAGE, ADOOR. PIN-691 523
3. SHIHAB, S/O.JALALUDHEEN, R/AT KANDATHIL VEEDU, MYNAGAPALLY SOUTH,
MYNAGAPALLY VILLAGE, KUNNATHOOR TALUK-690 504
R1 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH R2 BY ADV. SRI.K.SHAJ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
CRL.MC.NO.827/2013
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX A | CERTIFIED COPY OF THE FIR NO.167/2013 DATED 24/1/2013 LODGED BY PANDALAM POLICE STATION & CRL.M.C.385/2013 OF JFMC ADOOR |
|---|---|
| ANNEX B | COPY OF THE R.C.BOOK OF KL-07 E-2903 |
| ANNEX C | COPY OF THE INSURANCE OF KL-07 E-2903 |
| ANNEX D | COPY OF THE PERMIT OF KL-07 E-2903 |
| ANNEX E | COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6/12/2012. |
| ANNEX F | COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE JT. RTO ADOOR DATED 6/12/2012 |
| ANNEX G | COPY OF THE AFFIDAVIT OF THE PETITIONER. |
| ANNEX H | COPY OF THE MANGALAM DAILY DATED 9/12/2012. |
| ANNEX I | COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18/1/2013 |
| ANNEX J | COPY OF THE CMP.NO.509/2013 FILED BY THE PETITIONER BEFORE THE JFMC ADOOR |
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
RAJA VIJAYARAGHAVAN.V., J
ORDER
The petition is dismissed reserving aforesaid right of the petitioner.
Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-25.6.16
RAJESH.M.
STATE OF KERALA
M.G. MURALI
SHIHAB
RAJA VIJAYARAGHAVAN.V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
