The Court dismissed a petition for quashing criminal proceedings against accused persons 2 to 9. The High Court held that allegations of falsehood or lack of offence ingredients are matters for the trial court and that investigation was stayed, making it premature to quash.
Discharged the petitioners' request to quash the criminal proceedings.
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
THE HONOURABLE MR. JUSTICE A.M.BABU THURSDAY, THE 12TH DAY OF JULY 2018 / 21ST ASHADHA, 1940 Crl.MC.No. 4165 of 2013
(FIR NO. 1281/2013 OF KANNUR TOWN , KANNUR)
PETITIONERS/ACCUSED 2 TO 9
BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
2
Crl.MC.No. 4165 of 2013
RESPONDENTS/RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SATHEESAN M.K., S/O.JAYANANDAN KALYANA BHAVAN, OLD POST OFFICE ROAD, KANNUR-1.
R1 BY PUBLIC PROSECUTOR SRI. B. JAYASORRYA R2 BY ADVS. SRI.VAKKOM N.VIJAYAN
SMT.V.RENJU SRI.P.ANIYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mks
Crl.MC.No. 4165 of 2013
APPENDIX
PETITIONER(S)' ANNEXURES
RESPONDENTS ANNEXURES
NIL
/TRUE COPY/
P.A. TO JUDGE
mks 16/07/2018
A.M.BABU, J.
Crl M.C.No. 4165 of 2013
--------------------------------------- Dated this the 12th day of July, 2018
O R D E R
Petitioners state that they are accused 2 to 9 in FIR No.1282/13 of Kannur town police station. A case was registered on the basis of the F.I statement given by the 2nd respondent. According to the petitioners, the offences alleged against them are those punishable under sections 295 and 297 of IPC. They seek to quash the criminal proceedings against them.
for the petitioners and Sri.B.Jayasurya, the learned public prosecutor. Sri. Vakkom N Vijayan submitted that he was appearing for the 2nd respondent and that the 2nd respondent died.
Crl M.C.No. 4165 of 2013
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a copy of the FI statement. It is stated therein that a few tombs in a graveyard were demolished. The FI statement is the beginning of a criminal prosecution and not its end. Soon a case was registered came the petitioners with the present Crl M.C to quash the proceedings. The investigation was stayed. The stay continues. Therefore the investigation could not be conducted. The learned public prosecutor on instructions submits that only the 1st petitioner is made an accused so far. It is also submitted that the offences involved are those punishable under section 295 A of IPC and section 7 read with sec.3(g) of the Religious Institutions (Prevention of Misuse) Act, 1988. Only after completion of the investigation anything could be said about the sufficiency or insufficiency of allegations against the petitioners to charge them for any offence. It is too premature to form an opinion about it. I am not therefore impressed upon the first ground taken by the petitioners to get the criminal prosecution quashed.
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falsity of those allegations is not a matter for consideration in a proceedings under section 482 of Cr.P.C. Let all those matters be decided at the trial by the trial court if a chargesheet is filed and cognizance is taken.
Sd/- A.M.BABU JUDGE
lsn 16/07/18
2 issues framed by the court
Whether criminal proceedings under Sections 295 and 297 of IPC against accused 2 to 9 can be quashed.
Whether the sufficiency of allegations at this stage justifies quashing the case pending investigation.
4 provisions across 2 enactments
Anoop K.V. and others
State of Kerala
Satheesan M.K.
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
