Hon'ble Justice P.Ubaid held that since offences are compoundable and bailable, the High Court need not exercise powers under Section 482 Cr.P.C. Petitioners were directed to approach the trial court for composition of offences.
Case closed; petitioners directed to approach trial court for composition of offences.
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 P.UBAID
THURSDAY, THE 17TH DAY OF JANUARY 2019/27TH POUSHA, 1940
Crl.MC.No.476 of 2019
CC 18/2017 of J.M.F.C.-I, HOSDURG CRIME NO.271/2009 OF CHANDERA POLICE STATION, KASARGOD
PETITIONERS/ACCUSED 1 & 2 :-
1 SANTHOSH.K., AGED 38 YEARS, S/O.BHASKARAN P, RESIDING AT KUTHIRUMMEL HOUSE, OLAVARA, SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
2 SANDEEP T., AGED 39 YEARS, S/O.SOMAN, RESIDING AT THANDANTTE HOUSE, OLAVARA, SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS.SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENTS/STATE :-
1 THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 LAKSHMANAN M, AGED 49 YEARS, S/O.GOPALAN, RESIDING AT OLAVARA, UDUMBUNTHALA P.O, SOUTH THRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT – 671 315.
R2 BY ADV. SRI.A.ANIL KUMAR R1 BY SRI.B.JAYASURYA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.476/2019
-: 2 :-
O R D E R
The petitioners are the original accused Nos.1
and 4 in C.C.No.1215/2009 of the Judicial First
Class Magistrate Court-I, Hosdurg. The case as
against the other two accused already stands compounded. Now, the petitioners seek orders quashing the prosecution against them. They have approached this Court on the ground that there is warrant of arrest against them. The offences are compoundable under the law, and also bailable. If composition is reported to court, there is no doubt that it will be accepted, even though there is warrant of arrest. When the offences are compoundable under the law, this Court need not
exercise the powers under Section 482 Cr.P.C.. The
petitioner can very well approach the trial court for composition.
This Crl.M.C. is accordingly, closed.
Jvt/18.1.2019
Crl.MC.No.476/2019
-: 3 :-
APPENDIX
PETITIONER'S ANNEXURES :-
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO. 271/2009 OF CHANDERA POLICE STATION. ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 271/2009 OF CHANDERA POLICE STATION. ANNEXURE A3 THE TRUE CERTIFIED COPY OF THE ORDER DATED 24/2/2015 IN C.C NO. 1215/2009 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HOSDURG. ANNEXURE A4 THE TRUE CERTIFIED COPY OF THE ORDER DATED 9/1/2017 IN C.C NO. 403/2015 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-1, HOSDURG. ANNEXURE A5 THE AFFIDAVIT DATED 10/1/2019 SWORN IN BY THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES :- NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the High Court should exercise powers under Section 482 Cr.P.C. to quash prosecution where offences are compoundable and bailable.
1 provisions across 1 enactments
SANTHOSH.K.
SANDEEP T.
THE STATE OF KERALA
LAKSHMANAN M
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
