The High Court of Kerala quashed criminal proceedings against the petitioner under Section 482 Cr.P.C., ruling that absence of specific allegations connecting him to the crime makes continuing them an abuse of the process of the court.
Criminal proceedings against the petitioner pending in C.C. No. 1202 of 2014 are 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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
Crl.MC.No. 131 of 2019
TO QUASH THE PROCEEDINGS IN CC 1202/2014 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR
CRIME NO. 1396/2013 OF VADAKKEKARA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
SREEJITH K.K., AGED 40 YEARS S/O. KUNJUKUNJU, DREAMS HOUSE, 2ND FLOOR, VRINDAVAN APARTMENTS, PALAKKAD-678 007.
BY ADV. SRI.P.B.AJOY
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE SHO VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. M. S. BREEZ
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
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counsel would contend that accused Nos. 2 to 4 had approached this Court and filed a petition to quash the proceedings and this Court by Anneuxre-A4 order dated 20/12/2017, allowed their petition and the proceedings were quashed. While allowing the petition, this Court had taken the view that when a motor vehicle is taken possession by the hirer as per the terms of agreement, he cannot be proceeded for having committed offence punishable under Section 379 of the IPC.
In the result, this petition is allowed. Annexure-A2 final report and all further proceedings pursuant thereto against the petitioner
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now pending as C.C. No.1202 of 2014 on the file of the Judicial First
Class Magistrate Court-I, North Paravur are quashed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
avs
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1396/2013 OF VADAKKEKARA POLICE STATION ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTI, NORTH PARAVUR ALONG WITH THE FIRST INFORMATION STATEMENT.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 1202/2014 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR.
ANNEXURE A3 THE CERTIFIED COPY OF THE STATEMENT OF WITNESSES PRODUCED ALONG WITH THE FINAL REPORT IN CC NO. 1202/2014 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTI, NORTH PARAVUR.
ANNEXURE A4 THE TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA DATED 20/12/2017 IN CRL. M.C. NO. 5813/2016
RESPONDENT'S/S EXHIBITS:
NIL
avs //TRUE COPY// P.A TO JUDGE
2 issues framed by the court
Whether the criminal proceedings against the petitioner as an accused are liable to be quashed under Section 482 Cr.P.C. in the absence of specific allegations connecting him to the crime.
Whether the continuation of proceedings against the petitioner constitutes an abuse of the process of the court.
1 provisions across 1 enactments
SREEJITH K.K.
STATE OF KERALA
RAJA VIJAYARAGHAVAN V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
