In Criminal Misc. Case No. 2116 of 2017, the Kerala High Court disposed of an application under Section 482 Cr.P.C. seeking to quash an FIR. The Court observed that since the final report had already been filed, any grievance should be challenged in the appropriate forum. No prayer for relief was granted.
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 21ST DAY OF JUNE 2017/31ST JYAISHTA, 1939
Crl.MC.No. 2116 of 2017
CRIME NO. 137/2013 OF SASTHAMCOTTA POLICE STATION , KOLLAM
PETITIONER/8TH ACCUSED:
RIYAS,AGED 28, S/O.SHAMSUDEEN, RIYAS MANZIL, KIDANGAYAM KANNIMEL, MAYANAGAPALLY NORTH, KOLLAM DISTRICT.
BY ADVS.SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT-690521.
BY PUBLIC PROSECUTOR SRI T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 2116 of 2017 ()
APPENDIX
PETITIONER(S)' ANNEXURES
| -------- ANNEXURE |
------ 1- |
--------- COPY OF FIR NO.137 IN CRIME NO.137/2013 OF SASTHAMCOTTA POLICE STATION. |
|---|---|---|
| ANNEXURE | 2- |
COPY OF OFFICIAL MEMORANDUM DATED 07/03/2013 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. |
| ANNEXURE | 3- |
COPY OF ORDER DATED 20/05/2016 PASSED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS (TEMPORARY), SASTHAMCOTTAH IN C.C.NO.644/2015. |
| ANNEXURE | 4- |
COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY, KOLLAM. |
| ANNEXURE | 5- |
COPY OF JUDGMENT DATED 16/07/2013 PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.17650/2013. |
| ANNEXURE | 6- |
COPY OF JUDGMENT DATED 04/12/2013 PASSED BY THIS HON'BLE COURT IN CONTEMPT CASE NO.1366/2013. |
| ANNEXURE | 7- | COPY OF REPRESENTATION DATED 15/09/2015. |
| RESPONDE | NT(S)' | ANNEXURES NIL |
/TRUE COPY/
P.S.TO JUDGE
K.V.
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2116 of 2017
Dated this the 21st day of June, 2017
O R D E R
Petition filed under Section 482 Cr.P.C.
Sasthamcotta Police Station, registered for the offences under Sections 143, 147, 188, 283, 295 and 427 r/w Section 149 of the Indian Penal Code. The prayer is to quash the FIR.
With the above observation, the Crl.M.C. is disposed of.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/-
2 issues framed by the court
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash the FIR.
Whether a petitioner aggrieved by the final report should approach the appropriate forum rather than the High Court.
1 provisions across 1 enactments
Riyas
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
