The High Court of Kerala dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings. The Court held that the remedy was to challenge the charge framing order, not to quash the proceedings.
Petition under Section 482 Cr.P.C. to quash proceedings is dismissed.
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
FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940
Crl.MC.No. 529 of 2018
----------------------CC 2295/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY CRIME NO. 1316/2015 OF CHALAKUDY POLICE STATION , THRISSUR
----------
PETITIONER(S)/ACCUSED PERSONS.
BY ADV.SRI.N.L.BITTO
RESPONDENT(S)/STATE OF KERALA AND THE DEFACTO COMPLAINANT:
1. THE STATE OF KERALA,
2. DINTO DAVIS,
R1 BY SENIOR PUBLIC PROSECUTOR SRI ALEX M THOMBRA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 529 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE I A TRUE COPY OF FIR IN CRIME NO.1316 OF 2015 DATED
ANNEXURE II A TRUE COPY OF FINAL REPORT FILED IN CRIME NO.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/ K.V. P.S.TO JUDGE 26.03.2018
K.ABRAHAM MATHEW J.
Crl.M.C. NO.529 OF 2018
Dated this the 23rd day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether the High Court can quash criminal proceedings after the trial court has already framed the charge.
1 provisions across 1 enactments
Jinto Joy
Valsa Joy
The State of Kerala
Dinto Davis
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
