High Court disposed of criminal miscellaneous petitions seeking quashing of proceedings under Section 482 Cr.P.C., holding that petitioners' proper remedy is to plead for discharge in the trial court, citing precedent on same facts.
Criminal Miscellaneous Cases disposed of directing petitioners to plead for discharge in the trial court if so advised.
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 K.ABRAHAM MATHEW
WEDNESDAY, THE 28TH DAY OF JUNE 2017/7TH ASHADHA, 1939
Crl.MC.No. 1355 of 2017 ()
CC.NO. 983/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, (TEMPORARY SPECIAL COURT), KOLLAM CRIME NO. 916/2012 OF PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT
PETITIONER(S)/ACCUSED 6,7 AND 8 :
1. V.PANKRAS, AGED 65, S/O.VARGHESE, KAUMUDI NAGAR-141, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM.
2. S.JAMES,AGED 64, S/O.SABARIMUTHU, KAIKULANGARA SLUM COLONY-68, KOLLAM WEST VILLAGE, KOLLAM.
3. I.NIXON,
BY ADV. SRI.SAJU J PANICKER
RESPONDENT(S)/STATE/DE-FACTO COMPLAINANT:
1. STATE OF KERALA, (DETECTIVE INSPECTOR, CBCID -CRIME NO.385/CR/EOW-1 KOLLAM/2013), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. RAJESH THIRAVIYAM, AGED 45, S/O.THIRUVIYAM, SHIBIN COTTAGE, MANIKKAMMAL PURAYIDAM, MUTHAKARA, KOLLAM-691 001
R1 BY PUBLIC PROSECUTOR SMT. MAYA.M.N. R2 BY ADV. SRI.B.MOHANLAL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28-06-2017,ALONG WITH CRL.MC.NO.1622 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 1355 of 2017 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.916/2012 OF PALLITHOTTAM POLICE STATION ANNEXURE A2 THE CERTIFIED COPY OF THE CHARGE SHEET FILED BEFORE THE COURT OF TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE, KOLLAM. ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 21.02.2008 IN CRL MC NO.3768/2007 OF THE HON'BLE HIGH COURT OF KERALA ANNEXURE A4 THE TRUE COPY OF THE APPOINTMENT LETTER OF THE 3RD PETITIONER ANNEXURE A5 THE TRUE COPY OF THE PROCEEDINGS DATED 20.11.2011 IN THE FISHERMEN WELFARE SOCIETY ANNEXURE A6 THE TRUE COPY OF THE FIR IN CRIME NO.173 OF 2007 OF PALLITHOTTAM POLICE STATION ANNEXURE A7 THE TRUE COPY OF THE RELEVANT PAGES IN THE CHARGE SHEET ANNEXURE A8 THE TRUE COPY OF THE LETTER DATED 09/06/2017 ISSUED TO THE CHIEF MANAGER, CANARA BANK BY THE 6TH PETITIONER.
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K. ABRAHAM MATHEW, J.
Crl.M.C.Nos.1355, 1622, 1868 & 1873 of 2017
Dated this the 28rd day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
2.Petitioners are the accused in C.C.Nos.983 of 2015, 981 of 2015, 982 of 2015 and 1429 of 2015 on the file of the Temporary Judicial First Class Magistrate Court, Kollam. They along with the co-accused are alleged to have committed the offences under Sections 120B, 201, 409, 417 and 420 of the Indian Penal Code. The proceedings are sought to be quashed on the ground that the facts of the case do not attract the offences alleged against the petitioners.
Crl.M.C.Nos.1355, 1622, 1868 & 1873 of 2017
..2..
respondent that two Criminal Miscellaneous Cases filed in relation to the same incident and in which the same relief was prayed for were disposed of by this Court observing that the proper remedy of the petitioners is to plead for discharge in the trial court. After hearing the counsel on both sides and the learned Public Prosecutor, I am also of the view that the proper
remedy of the petitioners is to plead for discharge in the trial court.
In the result, these Criminal Miscellaneous Cases are disposed of directing the petitioners to plead for discharge in the trial court if they are so advised.
Sd/-
K. ABRAHAM MATHEW JUDGE
Bb/28/6/2017
[True copy]
P.A to Judge
2 issues framed by the court
Whether the High Court should quash criminal proceedings under Section 482 Cr.P.C. on the ground that facts do not attract the alleged offences when the proper remedy is plead for discharge.
Whether Criminal Miscellaneous Cases filed in relation to the same incident involving the same relief were disposed of observing the proper remedy is to plead for discharge in the trial court.
1 provisions across 1 enactments
V.Pankras
S.James
I.Nixon
State of Kerala
Rajesh Thiraviyam
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
