The Kerala High Court dismissed an application to quash criminal proceedings under Section 482 Cr.P.C. The Court held that there was no justification for the accused to bypass the trial court and rush to the High Court for quashing instead of seeking a discharge there first.
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 25TH DAY OF MAY 2018 / 4TH JYAISHTA, 1940
Crl.MC.No. 1781 of 2018
-----------------------CC 1894/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR CRIME NO. 1035/2013 OF NORTH PARUR POLICE STATION , ERNAKULAM
----------------
PETITIONER/ACCUSED.
SHIHABUDHEEN, AGED 48 YEARS, S/O. ABDUL KAREEM, 'STHUTHIL'(KARUPPAM VEETIL), MANNAAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT-683 520.
BY ADVS.SRI.SALIM V.S.
SRI.H.NUJUMUDEEN
RESPONDENT(S)/COMPLAINANT.:
1. THE STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, NORTH PARAVUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN-682031.
2. NASSAR, AGED 48 YEARS, S/O. ABDU, PUTHUVALPARAMBU HOUSE, ERAMAM P.O., ERNAKULAM - 670 307. 3. SHAMEER, AGED 36 YEARS, S/O. ABDURAHMAN, AMBALAPARAMBU HOUSE, MANJALI P.O., NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 102.
R1 BY PUBLIC PROSECUTOR SRI ALEX.M THOMBRA R2,R3 BY ADV. SRI.P.E.SAJAL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 1781 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME 1035/2013 OF NORTH PARAVUR POLICE STATION ERNAKLAM. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN IN CRIME 1035/2013 OF NORTH PARAVUR POLICE STATION ERNAKULAM. ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED 26/07/2009. ANNEXURE A4 TRUE COPY OF THE AGREEMENT DATED 11/06/2011 ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT. ANNEXURE A6 TRUE COPY OF THE AFFIDAVIT DULY SIGNED BY THE
3RD RESPONDENT.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/ K.V. P.S.TO JUDGE 26.5.2018
K.ABRAHAM MATHEW J.
Crl.M.C.No.1781 of 2018
Dated this the 25th day of May, 2018
O R D E R
The petitioner is the accused in C.C.No.1894/2014 on the files of the Judicial First Class Magistrate's Court-I, North Paravur. He is alleged to have committed the offences under Sections 420, 468 and 471 IPC and Section 17 of the Kerala Money Lenders Act. The proceedings are sought to be quashed on the ground that the allegations are not true and the facts of the case do not disclose commission of any offence.
Crl.M.C.No.1781 of 2018 2
In the result, this Crl.M.C. is dismissed. The petitioner may plead for discharge, if he is so advised provided charge has not been framed so far.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd
1 issue framed by the court
Whether the Supreme Court's inherent jurisdiction under Section 482 Cr.P.C. should be invoked to quash criminal proceedings when the accused bypassed the trial court to seek discharge.
1 provisions across 1 enactments
Shihabudheen
The State of Kerala
Nassar
Shameer
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
