In a criminal Miscellaneous petition under Section 482 CrPC seeking to quash proceedings for offences under Sections 279 IPC and 185 Motor Vehicles Act, the High Court held that disputed questions of fact cannot be adjudicated in such proceedings and refused to quash the case.
The criminal miscellaneous case was dismissed without quashing the 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
FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940
Crl.MC.No. 1656 of 2018
CRIME NO. 982/2017 OF Kalloorkadu Police Station , Ernakulam
PETITIONER/S:
RATHEESH
S/O.VIJAYAN, VALIAVEETTIL HOUSE,POTHANIKKADU KARA, POTHANIKKADU VILLAGE,ERNAKULAM DISTRICT.
BY ADV. SRI.M.V.RAJENDRAN NAIR
RESPONDENT/S:
STATE OF KERALA REP. BY PROSECUTOR ATTACHED TO THEHIGH COURT OF KERALA AT ERNAKULAM-682 031.
SRI.C.S.HRITHWIK SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1656 of 2018 2
ORDER
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
Crl.MC.No. 1656 of 2018 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 (CERTIFIED COPY OF FIR IN CR.NO.982/2017 OF KALLOORKADU POLICE). ANNEXURE A2 (CERTIFIED COPY OF FINAL REPORT IN CR.NO.982/2017 OF KALLOORKADU POLICE).
RESPONDENT'S EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the criminal proceedings falling under Sections 279 IPC and 185 Motor Vehicles Act can be quashed under Section 482 CrPC given false allegations and lack of clinical examination for alcohol co
Whether disputed questions of fact regarding the alleged offence can be decided in proceedings under Section 482 CrPC
3 provisions across 3 enactments
RATHEESH
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
