The Kerala High Court dismissed a criminal miscellaneous petition seeking quashing of proceedings under Section 482 Cr.P.C., holding the petitioner should plea for discharge in the trial court since the matter was already pending there.
Crl.M.C. No. 3513 of 2018 was dismissed with direction 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
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
Crl.MC.No. 3513 of 2018
-----------------------SC NO.1050/2016 OF ASSISTANT SESSION COURT,CHAVAKKAD CRIME NO.1507/2015 OF CHAVAKKAD POLICE STATION, THRISSUR
---------------
PETITIONER/ACCUSED NO.1
SUNEER @ NOORUDHEEN, S/O.ALI,VATTAMPARAMBIL HOUSE,AKALADU P.O, PUNNAYOOR VILLAGE, THRISSUR - 680 518.
BY ADVS.SRI.K.S.ARUN KUMAR
SRI.JUSTINE JACOB SMT.RESMI THOMAS SRI.P.S.SAJEESH
RESPONDENT(S)/COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SHAMSUDHEEN HAJI, S/O.ABDHUTTY, MOOTHEDATH HOUSE,AKALADU P.O, PUNNAYOOR VILLAGE, THRISSUR - 680 518.
R1 BY SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 3513 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE I TRUE COPY OF THE FIR IN CRIME NO.1507/2015 OF CHAVAKKAD POLICE STATION, THRISSUR DISTRICT. ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1507/2015 OF CHAVAKKAD POLICE STATION,
THRISSUR DISTRICT.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/ K.V. P.S.TO JUDGE 7.6.2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 3513 of 2018
Dated this the 6th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
now pending on the file of the Court of Assistant Sessions Court, Chavakkad. The allegation is that he has committed the offences under Sections 308 & 506 of the Indian Penal Code. The proceedings are sought to be quashed on the ground that the materials relied on by the prosecution do not disclose commission of any offence.
..2..
Crl.M.C. No. 3513 of 2018
quash the final report. In this case, the petitioner has already appeared before the trial court. The court is located in Thrissur district. The petitioner hails from that district. The petitioner has no case that there is any special circumstance for this Court to invoke the jurisdiction under Section 482 Cr.P.C. He may plead for discharge in the trial court.
In the result, this Crl.M.C. is dismissed. The petitioner may plead for discharge in the trial court, if he is so advised.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/06.06.2018
2 issues framed by the court
Whether to exercise jurisdiction under Section 482 Cr.P.C. to quash proceedings where the petitioner has already appeared in the trial court.
Whether the petition for quashing the final report based on non-disclosure of offence warrants intervention at this stage.
1 provisions across 1 enactments
SUNEER @ NOORUDHEEN, S/O.ALI
THE STATE OF KERALA
SHAMSUDHEEN HAJI, S/O.ABDHUTTY
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
