The High Court of Kerala dismissed a criminal miscellaneous petition seeking quashing of proceedings. The court held that the petitioner could not challenge the final report without appealing the charge-framing order first.
Criminal miscellaneous case 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
WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940
Crl.MC.No. 556 of 2018
CC.597/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA CRIME NO.31/2012 OF ARANMULA POLICE STATION, PATHANAMTITTA
PETITIONER/ACCUSED :
SURESH, 52 YEARS,S/O.SREEDHARAN PILLAI, SREE NILAYAM, MALLAPUZHASSERY, ARANMULA P.O., PATHANAMTHITTA.
BY ADV.SRI.V.M.KRISHNAKUMAR
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682031.
2. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA DIST.
BY SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 556 of 2018
APPENDIX
PETITIONER(S)' ANNEXURE
ANNEXURE I TRUE COPY OF FIR IN CRIME NO.31/2012 OF ARANMULA POLICE STATION
ANNEXURE II TRUE COPY OF THE FINAL REPORT IN CR.NO.31/2012 OF ARANMULA POLICE STATION.
RESPONDENT(S)' ANNEXURE
NIL
TRUE COPY
P.S. TO JUDGE
EL
6.7.2018
K.ABRAHAM MATHEW, J.
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Crl. M.C. No. 556 of 2018
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Dated this the 04th day of July, 2018
O R D E R
Petitioner was the first accused in C.C.No.1091 of 2012 on the file of the Judicial Magistrate of First Class, Pathanamthitta. He along with several others was charged with having committed the offences under section 143, 147, 151 and 283 r/w 149 IPC and section 118 (e) of the Kerala Police Act. The court framed a charge against them. All the accused except the petitioner pleaded guilty. The case against the petitioner was re-filed as C.C.No.597 of 2016 on the file of Judicial Magistrate of First Class-I, Pathanamthitta. The prayer is to quash the proceedings on the ground that the facts of the case do not attract the offences.
Crl. M.C. No. 556 of 2018
2
In the result this Crl.R.M.C is dismissed. The petitioner may challenge the legality of the order framing charge if he is so advised and is otherwise entitled to do so.
Sd/-
K. ABRAHAM MATHEW JUDGE
//True Copy//
PA TO JUDGE
SMA
2 issues framed by the court
Whether the appeal against the final report can be maintained when the petitioner had not appealed against the order framing the charge.
Whether facts of the case attract the offences with which the petitioner was charged.
Suresh
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
