This is a criminal miscellaneous petition seeking quashing of criminal proceedings against accused persons on the ground that the dispute is civil. The court held that the petitioners cannot challenge the validity of the final report in such proceedings and dismissed the petition.
Petitioners were not entitled to quash the criminal proceedings.
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 27TH DAY OF JUNE 2018 / 6TH ASHADHA, 1940
Crl.MC.No. 1515 of 2018
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CC 522/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA CRIME NO. 1527/2013 OF THIRUVALLA POLICE STATION, PATHANAMTITTA DISTRICT
PETITIONERS/ACCUSED NOS. 1 TO 7 & 9 TO 12 :
Crl.MC.No. 1515 of 2018 ()
10 SATHYAVATHY
BY ADVS.SRI.S.JAYAKRISHNAN
SRI.S.PARAMESWARA PRASAD
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1. MARIYAMMA VARGHESE AGED 58 YEARS, W/O.VARGHESE, RESIDING AT NALAYIRAM PARAMBIL, KOTTOOR MURI, KAVIYOOR, PATHANAMTHITTA DISTRICT,PIN-689582.
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
29/6/2018
bp
Crl.MC.No. 1515 of 2018 () --------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION REPORT ALONG WITH FIRST INFORMATION STATEMENT DATED 14-08-2013 IN CRIME NO.1527/2013 OF THIRUVALLA POLICE STATION.
ANNEXURE II CERTIFIED COPY OF FINAL REPORT NO.113 DATED 30-08-2013 FILED BY THE POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVALLA.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp 29/6/2018
K.ABRAHAM MATHEW, J.
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ORDER
Petitioners are the accused 1 to 12, except accused No.8 in C.C No.522 of 2014 on the file of Judicial Magistrate of First Class, Thiruvalla. They are alleged to have committed the offences under Sections 143, 147, 427 and 447 r/w 149 IPC. The proceedings are sought to be quashed on the ground that the dispute is purely of a civil nature.
the learned Public Prosecutor.
In the result this Crl.M.C is dismissed.
Sd/-
K. ABRAHAM MATHEW
JUDGE
//True Copy//
PA TO JUDGE
SMA
SMA
1 issue framed by the court
Whether the proceedings for quashing the criminal case under Section 482 Cr.P.C. can be entertained when the petitioners do not challenge the prima facie case or the validity of the final report.
1 provisions across 1 enactments
RENJI MATHEW & ORS.
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
