Petitioner, 2nd accused, sought quashment of trial proceedings under Section 482 Cr.P.C. claiming no offence attracted. Court held proper procedure was discharge application under Section 239 and dismissed the petition due to lack of special reasons.
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 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
Crl.MC.No. 815 of 2018
CC 86/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, NORTH PARAVUR
PETITIONER/2ND ACCUSED
MICHAEL VARGHESE ALIAS MICHAEL S/O.VARGHESE, AGED 48, CHIEF EDITOR, CRIME INVESTIGATION MAGAZINE, MD PUBLICATIONS, P.B. NO.1962, VYTTILA, KOCHI -682 019.
BY ADVS.DR.V.N.SANKARJEE
SRI.S.SIDHARDHAN
SMT.R.UDAYA JYOTHI
SMT.M.SUSEELA
SRI.V.N.MADHUSUDANAN
RESPONDENTS/STATE, COMPLAINANT & DE FACTO COMPLAINANT:
1. THE STATE OF KERALA
2. THE SUB INSPECTOR OF POLICE NORTH PARUR, ERNAKULAM DISTRICT -682 501.
3. RADHAKRISHNAN, S/O.SUBRAN AGED ABOUT 48, KUZHUPPILLY VILLAGE, AYYAMPILLY, NORTH PARUR, ERNAKULAM DISTRICT-683 513.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/8.6.18
Crl.MC.No. 815 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE-I CERTIFIED COPY OF THE CHARGE SHEET DATED 3.2.2009 TOGETHER WITH F.I.R AND STATEMENT. ANNEXURE-II TRUE COPY OF THE CHARGE SHEET NO.867/2008 DATED 3.7.2008 IN CRIME NO.158/2008 OF THE NORTH PARUR POLICE STATION TOGETHER WITH F.I.R ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 3-4-2018 IN CC NO.136/09 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT , NORTH PARUR
RESPONDENTS ANNEXURES NIL /TRUE COPY/ PA TO JUDGE sdr/8.6.18
K.ABRAHAM MATHEW J.
Crl.M.C. No.815 of 2018
Dated this the 6th day of June, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
2010 on the file of the Judicial Magistrate of First Class-I, North Paravur registered for the offences under Sections 120B, 292, 293 and 384 IPC. The 3rd respondent is the complainant. It is alleged that the facts of the case do not attract any offences. The prayer is to quash the proceedings in the trial court as against the petitioner.
learned Public Prosecutor.
Crl.M.C. 815 /18
-:2:-
In the result, this Cr.M.C. is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 7/6
/True Copy/ PS to Judge
1 issue framed by the court
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings when the petitioner is already prosecuted on similar facts in another case.
3 provisions across 1 enactments
MICHAEL VARGHESE ALIAS MICHAEL S/O.VARGHESE
THE STATE OF KERALA
RADHAKRISHNAN, S/O.SUBRAN
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
