The High Court allowed a criminal miscellaneous petition to quash an FIR and a preliminary order under S. 111 Cr.P.C. issued on the basis of an S. 107 Cr.P.C. report, holding the petitioner was not an accused and no offence was committed.
Crl.M.C. allowed; Annexures A-8 (FIR) and A-10 (Preliminary Order under S. 111 Cr.P.C.) quashed.
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 B.KEMAL PASHA
THURSDAY, THE 25TH DAY OF JANUARY 2018 / 5TH MAGHA, 1939
Crl.MC.No. 8120 of 2017
M.C.NO. 55/2017 OF THE SUB-DIVISIONAL MAGISTRATE COURT, ADOOR
PETITIONER(S) :
SHYLA BHAI, W/O.LATE SALIN, KAMALALAYAM, NELLIMUGAL, KADAMAPANAD(N), ADOOR.
BY ADV.SRI.MVS.NAMBOOTHIRY
RESPONDENT(S):
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 030.
BY PUBLIC PROSECUTOR SMT.SHEEBA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 8120 of 2017
APPENDIX
PETITIONER(S)' ANNEXURES :
| ANNEXURE A-1 |
TRUE COPY OF THE JUDGMENT DATED 8.4.2013 IN W.P(C)NO.28479/2012. |
|---|---|
| ANNEXURE A-2 |
TRUE COPY OF THE LEARNED MUNSIFF, MUNSIFF COURT, ADOOR. |
| ANNEXURE A-3 |
TRUE COPY OF THE REPORT NO.G2-2174/17 PREPARED BY THE DY.DIRECTOR OF PANCHAYATH. |
| ANNEXURE A-4 |
TRUE COPY OF THE INTERIM ORDER DATED 31.8.2017 PASSED BY THE HON'BLE HIGH COURT OF KERALA. |
| ANNEXURE A-5 | TRUE COPY OF THE NOTICE DATED 31.8.2017. |
| ANNEXURE A-6 | TRUE COPY OF THE REPORT DATED 27.9.2017. |
| ANNEXURE A-7 |
TRUE COPY OF THE COMPLAINT WHICH THE PETITIONER HAS OBTAINED THROUGH AN APPLICATION UNDER THE RTI ACT. |
| ANNEXURE A-8 | TRUE COPY OF THE FIR IN CRIME NO.390/2017. |
| ANNEXURE A-9 |
TRUE COPY OF THE PROCEEDINGS BEFORE THE CIRCLE INSPECTOR OF POLICE, ADOOR POLICE STATION. |
| ANNEXURE A-10 |
TRUE COPY OF THE PRELIMINARY ORDER ISSUED U/S.111 OF CR.P.C. |
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
B. KEMAL PASHA, J.
Crl.M.C.No.8120 of 2017
Dated this the 25th day of January, 2018
O R D E R
Annexure-A10 order passed by the Sub Divisional Magistrate, Adoor is under challenge. It seems that the said order was issued by the learned Sub Divisional Magistrate on the basis of Annexure-A8 final report registered by the Enathu police against the petitioner, under Section 107 Cr.P.C.
In the result, this Crl.M.C. is allowed and Annexures-A8 and A10 are quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
sd
P.A. to Judge
1 issue framed by the court
Whether the preliminary order under S. 111 Cr.P.C. passed against the petitioner should be quashed as she is not an accused and no offence was committed by her.
2 provisions across 1 enactments
Shyla Bhai
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
