The Kerala High Court dismissed a Section 482 Cr.P.C. petition seeking quashing of proceedings where the argument was that the dispute was civil. The court observed that challenge to the dispute's nature is only possible after challenging the framing of charges.
The criminal miscellaneous petition was 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
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
Crl.MC.No. 657 of 2018
CC 2021/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - IX, ERNAKULAM. CRIME NO.1829/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM.
PETITIONER/ACCUSED:
N.P. SULEKHA, AGED 61, W/O.MOHAMMED BASHEER, SARON VIHAR, POWER HOUSE LINK ROAD, PALARIVATTOM P.O, KOCHI -682 025.
BY ADV.SRI.RAMESH .P
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -31.
2. JOSEPH THARAKAN, AGED 76 YEARS, S/O.THARAKAN, CHIRAMEL HOUSE, VARAPPUZHA, PIN:683 517, ERNAKULAM DISTRICT.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADV. SRI.R.PUSHPANGATHAN PILLAI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 657 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT LODGED BY THE 2ND RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN C.C.509/2016 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO.IX, ERNAKULAM.
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
mbr/ 10.04.2018.
K.ABRAHAM MATHEW J.
Crl.M.C. NO.657 OF 2018
Dated this the 9th day of April, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
the Judicial First Class Magistrate Court-IX, Ernakulam. He is charged with having committed the offence under Section 420 IPC. The 2nd respondent is the complainant. The proceedings are sought to be quashed on the ground that the dispute is essentially a civil one.
In the result, this Crl.M.C is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
1 issue framed by the court
Whether a criminal miscellaneous petition seeking quashment based on the dispute being civil in nature be admitted when the charge has been framed.
Colour shows how this judgement treated each authority
N/AReferred
1 provisions across 1 enactments
N.P. Sulekha
State of Kerala
Joseph Tharakan
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
