Petitioner accused appealed to quash criminal proceedings alleging civil nature dispute. High Court noted existence of remedy of discharge in trial court under circumstances found, and dismissed quashing petition.
The quashing petition is dismissed and the petitioner is directed to plead for discharge in the trial court.
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
THURSDAY, THE 24TH DAY OF MAY 2018 / 3RD JYAISHTA, 1940
Crl.MC.No. 1784 of 2018
C.C.NO. 255/2018 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
PETITIONER(S)/ACCUSED :
NAJEEB, S/O. MOOSA, AGED 42 YEARS, MOOKKADA HOUSE, MUDIKKAL P.O., PERUMPAVOOR, ERNAKULAM DISTRICT - 683 542.
BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, E.T.NORTH POLICE STATION, ERNAKULAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
24.05.2018
Crl.MC.No. 1784 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 1788/17 OF TOWN NORTH POLICE STATION, ERNAKULAM. ANNEXURE A2 TRUE COPY OF THE CMP NO. 3204/2017 DATED 07.09.2017 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE A3 TRUE COPY OF THE REMAND REPORT SUBMITTED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM ON 05.10.2017. ANNEXURE A4 TRUE COPY OF THE ORDER DATED 06.10.2017 IN CRL.M.P.NO.3653/2017 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE A5 TRUE COPY OF THE AGREEMENT DATED 18.07.2017. ANNEXURE A6 CERTIFIED COPY OF THE MAHASSAR DATED 18.09.2017 ALONG WITH DOCUMENTS, PRODUCED BEFORE THE MAGISTRATE COURT BY THE INVESTIGATING OFFICER. ANNEXURE A7 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1788/17 OF TOWN NORTH POLICE STATION, ERNAKULAM. RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd. 24.05.2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 1784 of 2018
Dated this the 24th day of May, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioner is the sole accused in CC No. 255 of 2018 on the file of the Additional Chief Judicial Magistrate, Ernakulam. He is alleged to have committed the offences under Sections 379, 406 & 420 of the Indian Penal Code. The proceedings in the trial court are sought to be quashed on the ground that the dispute is of a civil nature and the materials relied on by the prosecution do not disclose commission of any offence.
Crl.M.C. No. 1784 of 2018
..2..
under Section 482 Cr.P.C. In this case existence of any special circumstance is not disclosed. The lower court is at Ernakulam. The petitioner also belongs to the same district. He may plead for discharge in the trial court.
In the result, this Crl.M.C. is dismissed with the observation that the petitioner may plead for discharge
in the trial court.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/24.05.2018
2 issues framed by the court
Whether the High Court should entertain the quashing petition under Section 482 Cr.P.C. instead of the remedy of discharge in the trial court when no special circumstances exist.
Whether the facts disclose commission of offences under Sections 379, 406, and 420 IPC.
1 provisions across 1 enactments
NAJEEB
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
