High Court at Ernakulam addressed a criminal Miscellaneous case challenging the initiation of an FIR under IPC Section 306. The court directed that the petitioner may challenge any final report filed subsequently.
Liberty to challenge the final report if filed; certified copies of FIR and remand report returned to counsel.
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 ALEXANDER THOMAS
TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941
Crl.MC.No.1580 of 2019
CRIME NO.360/2018 OF Walayar Police Station , Palakkad
PETITIONER/S:
MUHAMMEDALI AGED 38 YEARS S/O.KUNJUMUHAMMED, VETTIKKATTIL VEEDU, KANAL PIRIVU, PAMPAPALLAM.P.O, KANJIKKODE, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.1580 of 2019
ALEXANDER THOMAS, J .
Crl.M.C.No.1580 Of 2019
Dated this the 18th day of June, 2019.
O R D E R
The challenge in this petition is against the initiation of the impugned Anx-A FIR in Crime No.360/2018 of Walayar Police Station, Palakkad District, wherein the petitioner has been arrayed as accused No.2 mainly for offence punishable under Sec.306 of the I.P.C (abetment to commit suicide). The learned counsel for the petitioner would point out that the only allegations raised against the petitioner in the impugned criminal proceedings is that he was a frequent visitor in the house of the deceased victim girl and beyond that there are no allegations against the petitioner and the abovesaid allegation will not in any manner remotely connect with the vital ingredients of the offence as per Secs.107 & 306 of the I.P.C.
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Crl.MC.No.1580 of 2019
With the abovesaid liberty, the above Crl.M.C will stand disposed of.
Sd/ALEXANDER THOMAS, Judge.
bkn/-
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Crl.MC.No.1580 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE F.I.R.NO.360/2018 OF WALAYAR POLICE STATION, PALAKKAD ALONG WITH F.I STATEMENT. ANNEXURE B CERTIFIED COPY OF THE REMAND REPORT IN CRIME NO.360/2018 OF WALAYAR POLICE STATION, PALAKKAD.
1 issue framed by the court
Whether the petitioner should be allowed to challenge the initiation of FIR or wait for the final report before filing a quashing petition?
2 provisions across 1 enactments
Muhammedali
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
