Single judge quashed criminal proceedings against the 11th accused in an election offence case. The court held that facts did not disclose any offence against him as he was only in charge of the voting machine and held no other duties.
Proceedings in Crime No. 697 of 2014 of Thaliparamba Police Station are quashed so far as the petitioner is concerned.
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
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
Crl.MC.No. 492 of 2018
CRIME NO.697/2014 OF THALIPARAMBA POLICE STATION ,KANNUR.
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PETITIONER(S)/ACCUSED NO. II
DIJESH P.P., AGED 34 YEARS, S/O KUNJIRAMAN, PUTHIYAPURAYIL HOUSE, MUNASA, MALAPPATTAM VILLAGE P.O., TALIPARAMBA, KANNUR.
BY ADV.SRI.NANDAGOPAL S.KURUP
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 018.
2. T.R. SIVAN, AGED 61 YEARS, S/O RAGHAVAN, KKN PARIYARAM MANDIRAM, TRICHAMBALAM TALIPARAMBA 670001.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
Crl.MC.No. 492 of 2018 ()
APPENDIX
PETITIONER(S)'ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE PRIVATE COMPLAINT NUMBERED CMP NO. 3773/2014 DATED 15.04.2014 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALIPARAMBA ANNEXURE A2 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 16.05.2014 IN CRIME NO. 697/2014 OF TALIPARAMBA POLICE STATION ANNEXURE A3 THE CERTIFIED COPY OF THE REPORT DATED 28.04.2016 ANNEXURE A4 THE CERTIFIED COPY OF THE REPORT DATED 28.04.2016 PREFERRED BY THE SI OF POLICE, THALIPARAMBA BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THALIPARAMBA.
RESPONDENT(S)'ANNEXURES- NIL
/TRUE COPY/
PS TO JUDGE
TS 08.06.2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 492 of 2018
-------------------------------------------------Dated this the 7th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
..2..
Crl.M.C. No. 492 of 2018
learned Public Prosecutor.
..3..
Crl.M.C. No. 492 of 2018
The allegation in the complaint is that the accused allowed certain persons to exercise votes though it was a case of impersonation. It is clear that the petitioner had nothing to do with it. So, the facts of the case do not disclose commission of any offence by the petitioner. The proceedings as against him are liable to be quashed for this reason.
In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 697 of 2014 of Thaliparamba Police Station are quashed so far as the petitioner is concerned.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/07.06.2018
3 issues framed by the court
Whether criminal proceedings against the petitioner as the 11th accused in a case involving election offences should be quashed due to limitation under Section 468 Cr.P.C. and lack of disclosure of of
Whether non-completion of investigation within the limitation period for taking cognizance is a valid ground for quashing proceedings.
Whether the facts collected by the police disclose commission of any offence by the petitioner who was appointed as a polling officer with control only over the voting machine.
5 provisions across 3 enactments
DIJESH P.P.
STATE OF KERALA
T.R. SIVAN
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
