In a quashing petition under Section 482 Cr.P.C., the High Court of Kerala dismissed the plea. The court held that similarity in allegations in a prior case does not prove that the present accusation is false. The truth must be established through investigation and trial.
The criminal miscellaneous case is dismissed.
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. 2606 of 2018
CRIME NO. 72/2018 OF ADHUR POLICE STATION , KASARGOD DISTRICT
PETITIONER(S)/ACCUSED :
SATHEESHAN, S/O.KUNHIRAMA MANIYANI, AGED 36 YEARS, NIDIADKA HOUSE, KULADHA PARA, NETTANIGE VILLAGE, KASARGOD.
BY SRI.S.SREEKUMAR, SENIOR ADVOCATE ADVS. SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.P.MARTIN JOSE
RESPONDENT(S)/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY SR.GOVERNMENT PLEADER SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
28.06.2018
Crl.MC.No. 2606 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A TRUE COPY OF F.I.R. IN CRIME NO.72 OF 2018 OF ADHUR POLICE STATION, KASARGOD DISTRICT. ANNEXURE B CERTIFIED COPY OF PETITION FILED BY ANEESH KUMAR, CPO 2315 OF ADHUR POLICE STATION. ANNEXURE C TRUE COPY OF F.I.R. IN CRIME NO.31 OF 2018 OF ADHUR POLICE STATION, KASARGOD DISTRICT.
ANNEXURE D TRUE COPY OF PETITION DATED 18.01.2018 FILED BY
RAJU SCPO 1033 OF ADHUR POLICE STATION.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
28.06.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 2606 of 2018
Dated this the 27th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
Civil Police Officer to the effect that when the first informant went to the house of the petitioner to execute a non bailable arrest warrant issued against him by a court in a criminal case, the latter pushed down the former and escaped and thus, prevented him from discharging his duties as a public servant. The allegation is said to be false. In support of his
..2..
Crl.M.C. No. 2606 of 2018
case, the petitioner relies on Annexure-B complaint filed by the very same Civil Police Officer in another case in which the allegation was almost similar. Merely because there was an earlier similar incident, it cannot be said that the allegation in the present is false. The truth of the allegation has to be established during the investigation and later at trial. There is no merit in this Crl.M.C.
Accordingly, this Crl.M.C. is dismissed.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/27.06.2018
2 issues framed by the court
Whether the quashing of criminal proceedings can be granted on the ground that the allegation of false implication is without any merit.
Whether a mere similarity in allegations in an earlier case proves the false nature of the present allegation.
2 provisions across 2 enactments
Satheeshan
The State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
