Quashed

G. Krishnakumar v. State of Kerala

Kerala HC10 Apr 2018Crl.MC/1909/2018

Case brief

AI extract

What is this about?

Thepetitioners, managing director and administrator of a company accused of river pollution and animal deaths, sought to quash criminal proceedings. The High Court quashed the case based on negative forensic reports refuting allegations of poison and water pollution.

What did the court decide?

The proceedings in Crime No. 657 of 2017 of Walayar Police Station are quashed, and directions are given for the disposal of any material objects produced in the case.

G. Krishnakumar Vs State of Kerala — Corruption | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

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Crl.MC.No. 1909 of 2018

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CRIME NO.657/2017 OF WALAYAR POLICE STATION, PALAKKAD

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PETITIONERS/ACCUSED NO.1 & 2 :

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1 G. KRISHNAKUMAR, AGED 52 YEARS, S/O.(LATE) GOPINATHAN NAIR, MANAGING DIRECTOR, RUBFILA INTERNATIONAL LTD., KANJIKODE, PALAKKAD DISTRICT - 678 621.

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2 JEEJO MADHAVAN, AGED 57 YEARS, S/O.MADHAVAN, MANAGER (HR & ADMINISTRATION), RUBFILA INTERNATIONAL LTD., KANJIKODE, PALAKKAD DISTRICT - 678 621.

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BY ADVS.SRI.P.B.KRISHNAN

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SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE

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RESPONDENTS/RESPONDENTS::

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2. SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD - 678 624.

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BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1909 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A: A CERTIFIED COPY OF THE FIR DATED 07/08/2017 IN CRIME NO.657 OF 2017 OF THE POLICE STATION, WALAYAR, FILED BEFORE THE JFMC-1, PALAKKAD. ANNEXURE B: A TRUE COPY OF THE REMAND REPORT DATED 08/08/2017 FILED BY THE SI OF POLICE, PALAKKAD. ANNEXURE C: A TRUE COPY OF THE COMMUNICATION A 356/17 DATED 24/10/2017 OBTAINED UNDER THE RTI ACT. ANNEXURE D: A TRUE COPY OF THE REPORT DATED 14/08/2017 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. ANNEXURE E: A TRUE COPY OF THE REPORT DATED 22/09/2017 OBTAINED UNDER THE RTI ACT FROM THE KERALA STATE POLLUTION CONTROL BOARD.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

12.4.2018

K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 1909 of 018

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Dated this the 10^th day of April, 2018

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.Crime No. 657 of 2017 of Walayar Police Station was

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registered against the Managing Director and Administrator of a company for the offences under Section 277 of the Indian Penal Code and Section 120(e) of the Kerala Police Act. The petitioners are the persons holding those posts. The allegation in the FIR is that the company polluted the water of the nearby river and certain goats which drank from the river died. The proceedings are sought to be quashed on the ground that the allegation is false, which is seen from Annexure C report of the Joint Director of Animal Husbandry and Annexure D report of the District Office Laboratory, Palakkad.

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3.Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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..2..

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Crl.M.C. No. 1909 of 018

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4.It is seen from Annexure C report of the Rinderpest Laboratory to which the sample of the tissue of the goat which died in the incident was sent for analysis for poison. All the tests were negative. In other words, no poison was noticed in the tissue of the goats. Annexure D report of the District Office Laboratory of the Kerala State Pollution Control Board discloses that the water of the river at the relevant time was not polluted. So, these two documents make the allegation of the prosecution false. The proceedings are liable to be quashed.

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In the result, the proceedings in Crime No. 657 of 2017 of Walayar Police Station are quashed. If any material objects have been produced in the case, the learned magistrate may pass appropriate orders for their disposal.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/10.04.2018

G. Krishnakumar v. State of Kerala

Case brief

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G. Krishnakumar v. State of Kerala

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