In this Criminal Misc. Case, the Court dismissed a petition under Section 482 Cr.P.C. filed by accused persons seeking to quash the final report due to alleged incompetent investigation and delay. The Court noted that such grounds are to be raised during the trial under Section 239 Cr.P.C. and dismissed the petition.
The Criminal Misc. Case 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
THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939
Crl.MC.No. 913 of 2018
CC. NO.424/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY. CRIME NO. 651/1993 OF THALASSERY POLICE STATION, KANNUR DISTRICT.
PETITIONERS/ACCUSED NOS. 1 AND 2
1 AJITHKUMAR, AGED 54 YEARS, S/O.KRISHNAN, PARAMBATH HOUSE, NELLUTHARA AMSOM PALLUR, KANNUR DISTRICT.
2 C. PADMANABHAN, AGED 64 YEARS, S/O.ANANDAN, VENGADAN HOUSE, DHARMADAM AMSOM, SWAMIKUNNU, THALASSERY, KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN, SRI.P.K.SUBHASH.
RESPONDENTS/COMPLAINANT & STATE:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO.651 OF 1993 OF THALASSERY POLICE STATION), KANNUR-670 001.
R1 & R2 BY SR. PUBLIC PROSECUTOR SRI.C.S. HRITHWIK.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
16/03/2018.
Crl.MC.No. 913 of 2018 ()
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE AI |
TRUE COPY OF THE FIR IN CRIME NO.651/1993 OF THALASSERY POLICE STATION. |
|---|---|
| ANNEXURE AII |
TRUE COPY OF THE FINAL REPORT IN CRIME NO.651/1993 OF THALASSERY POLICE STATION. |
| ANNEXURE AIII | TRUE COPY OF THE SEIZURE MAHAZAR DATED 09.10.1993. |
| ANNEXURE AIV | TRUE COPY OF THE REPLY ISSUED BY PUBLIC INFORMATION OFFICER, JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY. |
| ANNEXURE AV | TRUE COPY OF THE PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED DATED 03.11.2017. |
RESPONDENT'S ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
rs. 16/03/2018.
K.ABRAHAM MATHEW J.
Crl.M.C. NO.913 OF 2018
Dated this the 15th day of March, 2018
ORDER
Petition filed under Section 482 Cr.P.C.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
3 issues framed by the court
Whether the final report under Section 239 Cr.P.C. should be quashed due to incompetent investigation and delay.
Whether the initiation of proceedings under Sections 82 and 83 Cr.P.C. without service of summons is legally valid.
Whether the petitioners can be released on bail again after the cancellation of the bail already granted.
3 provisions across 2 enactments
Ajithkumar & C. Padmanabhan
State of Kerala
Station House Officer
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
