The High Court of Kerala quashed maintenance of peace proceedings initiated under section 107 Cr.P.C. against the petitioner, holding that the facts did not justify the action due to the absence of allegations regarding arming and the minor nature of the underlying offences.
Crl.M.C. No. 294 of 2018 allowed; proceedings in M.C No. 113 of 2017 quashed.
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
TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940
Crl.MC.No. 294 of 2018
AGAINST THE ORDER IN MC 113/2017 of SUB DIVISIONAL MAGISTRATE, FORT COCHI DATED 18-09-2017
CRIME NO. 412/2017 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM
PETITIONER(S)/COUNTER PETITIONER/ACCUSED :-
AKHIL K.G., AGED 25 YEARS, S/O. GOPI, KATTUMPURATH HOUSE, THEVARA COLONY, ERNAKULAM DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/STATE/COMPLAINANT :-
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (CRIME NO. 412/2017 OF ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT).
R BY SMT.M.N.MAYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 294 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 412/2017 BY ERNAKULAM TOWN SOUTH POLICE, ERNAKULAM DISTRICT. ANNEXURE II TRUE CERTIFIED COPY OF THE PRELIMINARY ORDER DATED 18.09.2017 PASSED BY THE SUB DIVISIONAL MAGISTRATE IN MC NO. 113/2017.
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
SMA
K.ABRAHAM MATHEW, J.
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Crl.M.C. No. 294 of 2018
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Dated this the 17th day of July, 2018
O R D E R
Petitioner is the respondent in M.C No.113 of 2017
on the file of Sub Divisional Magistrate, Fort Kochi. Proceedings were initiated against him under section 107 Cr.P.C. The proceedings are sought to be quashed.
and the learned Public Prosecutor.
notice by which he has been asked to show cause why he should not be ordered to execute a bond to Rs.20,000/- with two solvent sureties for keeping peace for one year. The ground for initiating the proceedings is the information received from Sub Inspector of Police, Ernakulam Town South Police Station that he is involved in Crime No.1209 of 2016 registered for the offences under sections 143, 147, 294 (b), 323, 341 r/w 149 IPC. It is wonder that a person who is an accused of such minor offence is being proceeded against
Crl.M.C. No. 294 of 2018
2
under section 107 Cr.P.C. He is involved only in one case. In that case there is no allegation that he or any other member of the unlawful assembly was even armed. The facts of the case do not justify invoking provision under section 107 Cr.P.C.
In the result this Crl.M.C is allowed. The proceedings in M.C No.113 of 2017 on the files of Sub Divisional Magistrate, Fort Kochi are quashed.
Sd/-
K. ABRAHAM MATHEW, JUDGE
//True Copy//
PA TO JUDGE
SMA
2 issues framed by the court
Whether maintenance of peace proceedings initiated under section 107 Cr.P.C. can be quashed when no allegation of arming exists.
Whether the facts of the case justify invoking the provision under section 107 Cr.P.C. against the petitioner.
2 provisions across 2 enactments
AKHIL K.G.
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
