This criminal miscellaneous case quashed proceedings under section 107 Cr.P.C initiated based on an FIR that appeared unjustifiable and violated precedent, particularly regarding the allegation of breach of peace and non-disclosure of a prior case.
All further proceedings pursuant to Annexure-A1 stand 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 SUNIL THOMAS
THURSDAY, THE 16TH DAY OF FEBRUARY 2017/27TH MAGHA, 1938
Crl.MC.No. 850 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN MC 206/2016 of SUB.DVL.MAGI.COURT, FORT COCHIN DATED 19-04-2016 CRIME NO. 350/2016 OF AYYAMPUZHA POLICE STATION , ERNAKULAM
PETITIONER/COUNTER PETITIONER:
SHIBU AGED 49 YEARS, S/O. NARAYANAN, KUMBALATH HOUSE BLOCK-8,KALLALA ESTATE, KALADY PLANTATION PIN 683583
BY ADV. SRI.DINESH MATHEW J.MURICKEN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, AYYAMPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM
R BY PUBLIC PROSECUTOR:SRI T R RANJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 850 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 TRUE COPY OF THE ORDER IN M.C NO 206/2016 PASSED BY THE SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI DATED 19-042016
ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 350/2016 OF AYYAMPUZHA POLICE STATION DATED 31-03-2016
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.850 of 2017
=================
Dated this the 16th day of February, 2017
ORDER
Petitioner herein is the counter petitioner in M.C.No.206
of 2016 of Sub Divisional Magistrate Court, Fort Kochi under section 107 Cr.P.C.
Crl.M.C.850/17
2
Kerala (2014(3) KLT 837) .
In the result, Crl.M.C is allowed. All further proceedings pursuant to Annexure- A1 stand quashed.
Sd/-
SUNIL THOMAS Judge
Sbna/16/2/17
True Copy / P A to Judge
2 issues framed by the court
Whether proceedings under section 107 Cr.P.C initiated on an allegation of breach of peace which resulted in the registration of a crime FIR are justifiable.
Whether the failure to disclose a prior registered case (Crime No. 273 of 2013) against the petitioner renders the current proceeding liable to be quashed.
Colour shows how this judgement treated each authority
Santhosh v. State of KeralaDistinguished¶30
Santhosh v. State of Kerala (2014(3) KLT 837)
2 provisions across 2 enactments
Shibu
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sunil Thomas
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