Petitioner seeking quashment of Section 225B IPC proceedings for escaping arrest during execution warrant. Court held allegations insufficient to constitute offense due to lack of resistance or lawful custody and quashed proceedings.
Petition allowed; proceedings and final report quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941
Crl.MC.No.1366 of 2019
CC 2006/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA DATED 30-10-2018
CRIME NO.1313/2018 OF MANNANCHERRY POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED:
M.A.JEROME AGED 61 YEARS S/O.AUGUSTINE, MAVUMKOOTTATHIL , POOLLATHI P.O., MARARIKULAM,ALAPPUZHA
BY ADVS. SREEKANTH S NAIR SRI.S.JATHIN DAS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, MANNANCHERY POLICE STATION, ALAPPUZHA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, RANKULAM-682 031
2 BIJU P.V., AGED 44 YEARS S/O. VISWATHANAN,POOTHUPARAMB VEEDU, KUTHIRAPANTHI, THIRUVAMBADI P.O., ALAPPUZHA
3 MAGMA FINCORP LTD (FORMERLY KNOWN AS MAGMA SHRACHI FINANCE LTD) MAGMA HOUSE 24, PARK STREET, KOLKATTA-700016,REPRESENTED BY POWER OF ATTORNEY HOLDER, RAKESH DAWNY KOKKATTU, AGED 34 YEARS, S/O. K.V.DAWNY, 33 KOKKATTU HOUSE, THALAKODE POST, MULAMTHURUTHY VIA., KANAYANNUR TALUK, ERNAKULAM-682 314
SMT. M.K.PUSHPALATHA, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.07.2019, 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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IPC, the prosecution will have to show that the accused intentionally offered resistance or illegal obstruction, that such resistance was against lawful apprehension of his own or any other person, that the accused escaped or attempted to escape from any lawful custody in which he was lawfully detained or that the accused rescued or attempted to rescue any other person from any custody wherein that person was lawfully detained. The prosecution will also have to show that the above acts were done intentionally by the accused. From the statement of the de facto complainant, it does not appear that the petitioner herein was in the lawful custody of the Amin. There is no
case for the prosecution that the petitioner had offered resistance or illegal obstruction. All that is borne out from the records is that the petitioner in order to avoid being apprehended, left through the back door of his house. The prosecution has no case that the petitioner has committed any overt act of resistance or obstruction. Furthermore, Annexure-A2 reveals that the petitioner was brought before court by Amin on 22.10.2018 and that the decree holder had filed memo that the execution petition is not pressed.
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taking the allegations and the complaint as they were, without adding or subtracting anything, no offence was made out, then this Court would be justified in quashing the proceedings in the exercise of its power under Section 482 of the Cr.P.C. I am of the view that the continuance of the proceedings as against the petitioner herein is clearly an abuse of process.
In the result, this petition is allowed. Annexure A3 final report and all further proceedings pursuant thereto against the petitioner now pending as C.C. No.2006 of 2018 on the file of the Judicial First Class Magistrate Court-I, Alappuzha are quashed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE- A1 TRUE COPY OF FIR IN CRIME NO.1313/2018 DATED 17.10.2018
ANNEXURE-A2 TRUE COPY OF ORDER DATED 22.10.2018 IN E.P.NO.154/2015 ANNEXURE-A3 CERTIFIED COPY OF FINAL REPORT NO 1282/18 DATED 30.10.2018 IN C.C.NO.2006/18 AGAINST PETITIONER
RESPONDENTS' EXHIBITS:
2 issues framed by the court
Whether the ingredients of offence under Section 225B IPC are made out when the petitioner escaped through a back door to avoid arrest without offering resistance or obstruction.
Whether the continuance of criminal proceedings amounts to abuse of process of the court under Section 482 Cr.P.C.
2 provisions across 2 enactments
M.A.JEROME
STATE OF KERALA
BIJU P.V.
MAGMA FINCORP LTD
RAJA VIJAYARAGHAVAN V
IAP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
