Dismissed

Cap.J. David Ravi v. State of Kerala

Kerala HC6 Dec 2018Crl.MC/1276/2017

Case brief

AI extract

What is this about?

The Court dismissed the Criminal Miscellany petition challenging the Judicial Magistrate's order dismissing an application for monitoring investigation under Section 156(3) CPC, as the matter was civil in nature. The Court held no relief could be granted in the Misc. Case, advising a protest complaint as the remedy.

What did the court decide?

The petitioner's challenge to the dismissal of the Section 156(3) application was dismissed with the direction to file a protest complaint.

Cap.J. David Ravi Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

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Crl.MC.No. 1276 of 2017

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AGAINST THE ORDER IN CMP 3184/2015 of J.M.F.C.-IV,KOZHIKODE DATED 19-12-2016

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CRIME NO. 816/2015 OF Nadakkavu Police Station , Kozhikode

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PETITIONER:

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CAP.J. DAVID RAVI AGED 55 YEARS, S/O.JOSEPH, "BETHAL HOUSE", A.R.CAMP ROAD, MARIKUNNU(PO), KOZHIKODE

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BY ADVS.

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SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031

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2 ASSISTANT COMMISSIONER DISTRICT CRIME BRANCH(CBCID), KOZHIKODE CITY,KOZHIKODE, PIN-673001

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3 CIRCLE INSPECTOR OF POLICE NADAKAVU POLICE STATION, KOZHIKODE DISTRICT, PIN673011

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4 SUB INSPECTOR OF POLICE NADAKAVU POLICE STATION, KOZHIKODE DISTRICT, PIN673011

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SENIOR PUBLIC PROSECUTOR SRI. C.S. HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1276 of 2017

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ORDER

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Petitioner is the informant in Crime No. 816 of 2015 of Nadakavu Police Station registered for the offences under Sections 342, 420, 452, 468, 471 and 506 IPC. He filed Annexure D application before the learned Magistrate in 2016 requesting the Magistrate to monitor the investigation. By the impugned order the learned Magistrate dismissed it. This is challenged.

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Learned Public Prosecutor submits that the

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investigating Officer found that the dispute is purely of a civil nature and he has reported the matter to the learned Magistrate. It is submitted that because of the pendency of this case the learned Magistrate has not passed any order on the refer report. In this circumstance if the learned Magistrate decides to accept the refer report the remedy of the petitioner is to file a protest complaint. No relief can be granted in this Crl.M.C. Accordingly this is dismissed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

SVP

Crl.MC.No. 1276 of 2017

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.816/2015 OF NADAKAVU POLICE STATION DATED 6.8.2015 ANNEXURE B TRUE COPY OF THE AGREEMENT ALLEGED TO BE EXECUTED BETWEEN P.K.C.AHAMMED KUTTY AND A.A.JOSEPH DATED 10.9.2003 ANNEXURE C TRUE COPY OF THE REPORT FILED BY THE NADAKAVU POLICE DATED NIL ANNEXURE D TRUE COPY OF THE PETITION FILED BY THE PETITIONER UNDER SECTION 156(3) DATED 19.8.2016 ANNEXURE E TRUE COPY OF THE REPORT DATED 9.4.2016 FROM THE ASSISTANT COMMISSIONER, CBCID ANNEXURE F TRUE COPY OF THE ORDER DATED 19.12.2016 IN C.M.P.NO.3184/2015 AND C.M.P.NO.3494/2015 ON THE FILE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -IV KOZHIKODE (CRIME NO.816/2015 OF NADAKAVU POLICE STATION)

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY//

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Sd/-

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PA TO JUDGE

Cap.J. David Ravi v. State of Kerala

Case brief

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Cap.J. David Ravi v. State of Kerala

Case brief

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