The High Court dismissed an application challenging the dismissal of a request for further investigation by the trial Magistrate. Relying on the Supreme Court, the Court held the Magistrate had no jurisdiction thereby refusing to interfere.
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
TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941
Crl.MC.No. 2303 of 2016
CC 556/2012 of JUDICIAL MAGISTRATE OF FIRST CLASS, HARIPAD DATED 30-07-2015
PETITIONER/ACCUSED:
JOHN ABRAHAM S/O.ABRAHAM, AGED 45 YEARS, PALLATHIL HOSUE, ANAPARAMPAL NORTH, THALAVADY PANCHAYATH, ALAPPUZHA.
BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.DIPU JAMES SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.SUNIL KUMAR A.G
RESPONDENTS/COMPLAINANTS:
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DISTRICT 688 645, THROUGH PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM.
SRI RAMESH CHAND PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2303 of 2016
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ORDER
After the case was taken cognizance by the learned Magistrate,
the petitioner herein filed an application for further investigation before the court below and the court below dismissed the same holding that the petitioner has not made out a case. The said order is under challenge.
and others [AIR 2017 SC 774], the learned Magistrate had no jurisdiction to entertain such a petition. In that view of the matter, I find no reason to interfere with the order.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 2303 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF ORDER DATED 30.7.2015 IN CMP NO.4319 OF 2015 IN C.C.NO.556 OF 2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, HARIPPAD
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether the court below had jurisdiction to entertain an application for further investigation in a criminal trial case.
Colour shows how this judgement treated each authority
Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel and othersApplied¶20
Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel and others [AIR 2017 SC 774] · Who else cites this
John Abraham
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
