An application under Section 482 Cr.P.C. to quash the final report in a riot case was dismissed. The court held that allegations of traffic obstruction and threats against police officers established a prima facie case requiring trial.
The final report was not quashed; the criminal miscellaneous case was dismissed.
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
MONDAY, THE 26TH DAY OF MARCH 2018 / 5TH CHAITHRA, 1940
Crl.MC.No. 1400 of 2018
CC.458/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO.299/2016 OF HILL PALACE POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED :
1 RAJI SATHYAN, W/O. SATHYAN, AGED 46 YEARS, THENGASSERY VEEDU, MAIN ROAD, TRIPUNITHURA-689606.
2 SHYLAJA KRISHNAKUMAR, AGED 41 YEARS, RAMATHEERTHAM, THIRUVAMKULAM.
BY ADVS.SRI.P.VIJAYAKUMAR
SRI.C.R.REGHUNATHAN SRI.B.HARRYLAL
RESPONDENTS/STATE :
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA.
BY SR. PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 1400 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE 1 TRUE COPY OF THE REPORT APPEARED IN JANMABHOOMI DAILY DT. 11.2.2016. ANNEXURE 2 TRUE COPY OF THE PRESS RELEASED DATED 14.2.2016 GIVEN BY RLV COLLEGE DALITH PEEDANA VIRUDHA SAMARA SAMITHI. ANNEXURE 3 CERTIFIED COPY OF THE FIR DATED 17.2.2016 SUBMITTED BY 2ND RESPONDENT BEFORE JFCM COURT, TRIPUNITHURA. ANNEXURE 4 TRUE COPY OF THE FINAL REPORT DATED 17.2.2016 SUBMITTED BY 2ND RESPONDENT BEFORE JFCM COURT, TRIPUNITHURA IN CC.458/2016.
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY
P.S. TO JUDGE
EL
27.3.2018
K.ABRAHAM MATHEW J.
Crl.M.C.No.1400 of 2018
Dated this the 26th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.M.C.No.1400 of 2018 2
indicate that there was obstruction of traffic along the public road and there was threatening of the police and use of force against the police. Whether the allegations are true or not is a matter to be ascertained at the trial. Since at least some of the offences alleged against the petitioners are disclosed by the
materials relied on by the police, the final report cannot be quashed.
In the result, this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
cms
/True copy/ P.S.to Judge
3 issues framed by the court
Whether the petitioners' right to a peaceful procession legally guarantees quashing of the final report under Section 482 Cr.P.C.
Whether the allegations of traffic obstruction and threatening the police indicated a prima facie case sufficient to prevent quashing.
Whether the offence discloses facts warranting a trial rather than quashing of the proceedings.
10 provisions across 2 enactments
RAJI SATHYAN
SHYLAJA KRISHNAKUMAR
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
