Dismissed

Antony Cyril v. Station House Officer, Fort Kochi Police Station

Kerala HC6 Apr 2018Crl.MC/362/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Criminal Miscellaneous case filed by an accused to quash the final report, holding that the petition could not be entertained as it was filed after the framing of charges without challenging such order.

What did the court decide?

The Criminal Miscellaneous case was dismissed. The petitioner was advised to challenge the order framing charges.

Antony Cyril Vs Station House Officer, Fort Kochi… — Criminal Trial and Appeal | 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 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940

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Crl.MC.No. 362 of 2018

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----------------------CC 337/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOCHI CRIME NO. 258/2015 OF FORT KOCHI POLICE STATION , ERNAKULAM

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

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PETITIONER(S)

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1 ANTONY CYRIL, AGED 36 YEARS, S/O AUGUSTUS CYRIL, MOONTHUNGAL HOUSE, HOUSE NO.X1V/1242, MOOLAMKUZHI, KOCHI-682002.

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BY ADVS.SRI.K.L.JOSEPH

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SMT.P.SAREENA GEORGE

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RESPONDENT(S):

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1. STATION HOUSE OFFICER, FORT KOCHI POLICE STATION,KOCHI

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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3 P USHAKARAN, AGED 61 YEARS, S/O K.P.PILLAI, HOUSE NO.X111/1186, USHAS, KARUVELIPADY, THOPPUMPADY, KOCHI.

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R1,R2 BY PUBLIC PROSECUTOR SRI T.R.RENJITH R3 BY ADV. SRI.SUJESH MENON V.B.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.V.

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Crl.MC.No. 362 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A1	TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT V KOCHI.
ANNEXURE-A2	TRUE COPY OF THE FIR BEARING NO. 258/2105 OF FORT KOCHI POLICE STATION.
ANNEXURE-A3	TRUE COPY OF THE FINAL REPORT IN C.C.337/2017 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT V KOCHI.
ANNEXURE-A4	TRUE COPY OF THE COMPLAINT DATED 19/1/2015 PREFERRED BY THE PETITIONER AND HIS MOTHER BEFORE SHO FORT KOCHI.
ANNEXURE-A5	TRUE COPY OF THE ACKNOWLEDGEMENT DATED 19/01/2015 ISSUED FROM THE FORT KOCHI POLICE STATION.
ANNEXURE-A6	TRUE COPY OF THE COMPLAINT DATED 3/1/2018 SUBMITTED BEFORE CITY POLICE COMMISSIONER.
ANNEXURE-A7	TRUE COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED FROM THE OFFICE OF THE CITY COMMISSIONER OF POLICE ERNAKULAM.
ANNEXURE-A8	TRUE COPY OF THE PETITION UNDER SEC 205 FILED BY THE PETITIONER IN CC 337/2017 BEFORE JFCM V KOCHI.
ANNEXURE-A9	TRUE COPY OF THE JUDGMENT DATED 28.6.2017 IN OS 71/2015 OF MUNSIFF COURT KOCHI

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RESPONDENTS ANNEXURES: NIL

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K.V. P.S.TO JUDGE 9.04.2018

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K.ABRAHAM MATHEW, J.

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

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Crl.M.C.No.362 of 2018

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Dated this the 6^th day of April, 2018

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O R D E R

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The petitioner is the accused in C.C.No.337/2017 of the Judicial First Class Magistrate Court-V, Kochi. He is alleged to have committed the offences under Sections 294(b), 323, 341 and 452 IPC. The final report is sought to be quashed, on the ground that the dispute is of a civil nature and the facts do not disclose commission of any offence.

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Heard the learned counsel for the petitioner, the learned counsel for the 3^rd respondent, who is the informant, and the learned Public Prosecutor.

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It is submitted that this Crl.M.C. was filed after charge was framed on 01.01.2018. The petitioner has not challenged the judicial order framing charge. This Crl.M.C. cannot be entertained.

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In the result, this Crl.M.C. is dismissed. The petitioner may challenge the order framing charge, if he is so advised.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Antony Cyril v. Station House Officer, Fort Kochi Police Station

Case brief

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Antony Cyril v. Station House Officer, Fort Kochi Police Station

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