Disposed

T.C.Chacko v. State of Kerala

Kerala HC13 Dec 2018Crl.MC/6648/2018

Case brief

AI extract

What is this about?

The High Court declined to quash criminal proceedings on the ground of mala fide prosecution. Given that further investigation had been ordered by the District Police Chief with a new report pending, the court closed the matter, allowing the petitioners to approach the court again if the supplementary report was adverse.

What did the court decide?

It closed the Cr.M.C. granting liberty to approach the Court again if the supplementary report is against the petitioner.

T.C.Chacko Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940

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Crl.MC.No. 6648 of 2018

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AGAINST THE JUDGMENT IN SC 71/2017 of IV ADDL.DISTRICT COURT, THODUPUZHA

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CRIME NO. 331/2016 OF Kumily Police Station , Idukki

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PETITIONERS:

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1 T.C.CHACKO,AGED 52 YEARS S/O CHERIAN, THAKIDIPPURATH HOUSE, KUMILY, IDUKKI DISTRICT-685509.

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2 T.C.ABRAHAM,AGED 50 YEARS S/O. CHERIAN, THAKIDIPPURATH HOUSE, KUMILY, IDUKKI DISTRICT-685509.

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3 T.C.THOMAS,AGED 47 YEARS S/O. CHERIAN, THAKIDIPPURATH HOUSE, KUMILY, IDUKKI DISTRICT-685509.

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BY ADVS.

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SRI.G.HARIHARAN SMT.K.S.SMITHA SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 682031

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2 STATION HOUSE OFFICER (CIRCLE INSPECTOR OF POLICE) KUMILY POLICE STATION, IDUKKI DISTRICT -685509.

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3 BINEESH

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S/O.JOSEPH, KALLUMMAKKAL HOUSE, PATHUMURI, ATTAPPALLAM, PEERMADE TALUK, IDUKKI DISTRICT -685509.

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SR.PP. SRI C.S. HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6648 of 2018 2

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioners are the accused in S.C No.71 of

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2017 on the file of the Additional Sessions Court-IV, Thodupuzha. A counter case also is pending. The proceedings are sought to be quashed on the ground is that the prosecution is mala fide. Learned Public Prosecutor submits that the District Police Chief has ordered further investigation in both cases and

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Dy.S.P, Mullaperiyar is conducting the investigation. Having regard to these facts, I am inclined to close this Crl.M.C giving liberty to the petitioner to approach this court again if the supplementary report is not in his favour.

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In the result, this Crl. M.C is closed giving liberty to the petitioner to approach this court again if he is aggrieved by the supplementary report that may be filed after further investigation.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 6648 of 2018 3

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE A1	TRUE COPY OF THE FIRST INFORMATION REPORT REGISTERED IN CONNECTION WITH CRIME NO.331/2016 OF KUMILY POLICE STATION.
ANNEXURE-II	TRUE COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO.328/2016 OF KUMILY POLICE STATION.
ANNEXURE-III	TRUE COPY OF THE FINAL REPORT MADE IN CONNECTION WITH CRIME NO.328/2016 OF KUMILY POLICE STATION AS C.P.NO.48/2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERMADE.
ANNEXURE-IV	TRUE COPY OF THE FINAL REPORT IN CONNECTION WITH CRIME NO.331/2016 OF KUMILY POLICE STATION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERMADE ON 28/12/2016 AS C.P.NO.49/2017.
ANNEXURE-V	TRUE COPY OF THE COMMON ORDER MADE IN TR.P.(CRL.NO.136/2017 AND TR.P (CRL.NO.137/2017 ON 22/02/2018 BY THIS HONOURABLE COURT.
ANNEXURE -VI	TRUE COPY OF THE CASE DETAILS OF DISTRICT COURT, THODUPUZHA IN CONNECTION WITH S.C.NO.70/2017 ON THE FILES OF IV ADDITIONAL DISTRICT COURT, THODUPUZHA.
ANNEXURE - VII	TRUE COPY OF THE CASE DETAILS OF DISTRICT COURT, THODUPUZHA IN CONNECTION WITH S.C.NO.71/2017 ON THE FILES OF IV ADDITIONAL DISTRICT COURT, THODUPUZHA.

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY // PA TO JUDGE

T.C.Chacko v. State of Kerala

Case brief

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T.C.Chacko v. State of Kerala

Case brief

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