The High Court quashed the impugned order of the Judicial Magistrate for applying incorrect procedure to a charge under Section 500 IPC. The court directed the magistrate to follow Chapter XX of CrPC and concluded proceedings.
Order dated 13.01.2016 quashed; Petition allowed; Magistrate directed to follow Chapter XX of CrPC.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
Crl.MC.No. 1287 of 2016
AGAINST THE ORDERDATED 13.01.2016 IN CC NO.1406/2012 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, PUNALUR
PETITIONERS/ACCUSED:
1 N.SURENDRAN, S/O. LATE NEELAKANDAN, KALABHAVAN, NEDIYA MURI, ANCHAL P.O., PUNALUR, KOLLAM DISTRICT.
2 C.R. RAMACHANDRAN THAMPI S/O. LATE N. RAMAKRISHNAN, SREERAMAM, THAZHAMEL MURI, ANCHAL, PUNALUR, KOLLAM DISTRICT.
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 MADHUSOODHANAN, S/O.RAGHAVAN,
MADHU BHAVAN, ANCHAL MURI AND VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.
BY ADV. SRI.P.SHANES METHAR
OTHER PRESENT:
BY SR. PUBLIC PROSECUTOR SRI.M. S. BREEZ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:1287/2016
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ORDER
The only contention raised by the learned counsel appearing for the petitioner is with regard to the procedure followed by the learned Judicial First Class Magistrate-I, Punalur in C.C. No.1406 of 2012. He would point out that the allegation raised was one under Section 500 r/w. Section 34 of the IPC and the learned Magistrate, instead of following the procedure contemplated under Chapter XX of the Cr.P.C, has adopted the procedure to be followed in cases instituted otherwise than on a police report.
CRL.MC:1287/2016
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This petition will stand allowed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
krj
//TRUE COPY// P.A TO JUDGE
CRL.MC:1287/2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE -I TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JFCM-I PUNALUR ANNEXURE-II CERTIFIED COPY OF THE ORDER DATED 13.01.2016 IN CC NO 1406/2012 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I PUNALUR
RESPONDENTS’ EXHIBITS:-NIL
1 issue framed by the court
Whether the Judicial Magistrate applied the correct procedure for a non-cognizable and bailable offence under Section 500 IPC instituted otherwise than on a police report.
2 provisions across 2 enactments
N. Surendran
C.R. Ramachandran Thampi
State of Kerala
Madhusoodhanan
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
