Dismissed

Riyas v. State of Kerala

Kerala HC25 May 2018Crl.MC/2664/2018

Case brief

AI extract

What is this about?

A criminal miscellaneous case was dismissed. The petitioner challenged the final report, citing legal impediments regarding sanction and customer complaints for specific offences. The court held that since offences exist without such impediments and sanction was obtained, the arguments must be raised in the trial court.

What did the court decide?

The final report is not to be quashed; the argument must be raised in the trial court.

Riyas Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 25TH DAY OF MAY 2018 / 4TH JYAISHTA, 1940

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Crl.MC.No. 2664 of 2018

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CC 188/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA CRIME NO. 134/2013 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT

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------------

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PETITIONER/8TH ACCUSED :

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RIYAS, AGED 28 YEARS, S/O. SHAMSUDEEN, RIYAS MANZIL, KIDANGAYAM KANNIMEL, MAYNAGAPALLY NORTH, KOLLAM DISTRICT.

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BY ADV.SRI.V.PHILIP MATHEW

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT-690 521.

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BY SENIOR PUBLIC PROSECUTOR SRI. AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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bp 28/5/2018

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Crl.MC.No. 2664 of 2018 () --------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE I:	COPY OF F.I.R. NO.134 IN CRIME NO.134/2013 OF SASTHAMCOTTA POLICE STATION.
ANNEXURE 2:	COPY OF OFFICIAL MEMORANDUM DATED 7.3.2013 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA.
ANNEXURE 3:	COPY OF FINAL REPORT FILED BY THE POLICE IN CRIME NO.134/2013.
ANNEXURE 4:	COPY OF ACCIDENT REGISTER CUM WOUND CERTIFICATE.
ANNEXURE 5:	COPY OF SCENE MAHAZAR PREPARED IN CRIME NO.134/2013.
ANNEXURE 6:	COPY OF ORDER DATED 20.5.2016 PASSED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS (TEMPORARY), SASTHAMCOTTAH IN C.C. NO.644/2015.
ANNEXURE 7:	COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY, KOLLAM.
ANNEXURE 8:	COPY OF JUDGMENT DATED 16.7.2013 PASSED BY THIS HON'BLE COURT IN WPC NO.17650/2013.
ANNEXURE 9:	COPY OF JUDGMENT DATED 4.12.2013 PASSED BY THIS HON'BLE COURT IN CONTEMPT CASE NO.1366/2013.
ANNEXURE 10:	COPY OF REPRESENTATION DATED 15.9.2015.

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RESPONDENT'S ANNEXURES : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 28/5/2018

K. ABRAHAM MATHEW, J.

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Crl.M.C. No. 2664 of 2018

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Dated this the 25^th day of May, 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.The petitioner is the eighth accused in CC No. 188 of 2017 on the file of the Judicial First Class Magistrate Court, Sasthamcotta. He and the other accused allegedly committed the offences under Sections 143, 147, 148, 153A, 188, 324, 332 & 427 r/w Section 149 of the Indian Penal Code. The proceedings are sought to be quashed on the ground that to take cognizance of the offence under Section 153A, sanction has not been obtained and to take cognizance of the offence under Section 188 IPC, the complaint has not been given by public servant.

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

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4.It is admitted that the petitioner appeared before the court below and he is on bail. Even if it is assumed that

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Crl.M.C. No. 2664 of 2018

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..2..

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there are some legal impediments to take cognizance of the offences under Sections 153A and 188 IPC, to take cognizance of the other offences, there is no impediment. So, the final report as it is, cannot be quashed. That apart, the final report discloses that sanction has been obtained for taking cognizance of the offence under Section 153A IPC. In these circumstances, it is only proper that the petitioner may raise his argument in the trial court.

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In the result, this Crl.M.C. is dismissed.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/25.05.2018

Riyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Riyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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