In Crl. MC. No. 6390 of 2014, the High Court of Kerala dismissed a criminal miscellaneous petition as infructuous after the Investigating Officer filed a refer report under the CrPC, noting a 'mistake of fact' in the original case. The petition was filed by T.V. Sundaram Iyengar & Sons against the State and a complainant.
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 R. NARAYANA PISHARADI
WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941
Crl.MC.No. 6390 of 2014
CRIME NO. 1134/2014 OF MARADU POLICE STATION , Ernakulam
PETITIONER/1ST ACCUSED:
T.V.SUNDARAM IYENGAR & SONS
NEAR MEGA MART BUILDING, DOOR NO. 29/287(1), SHARAN BUILDING, VYTTILA JUNCTION, KOCHI-682019, REPRESENTED BY DEPUTY MANAGER-LEGAL MR.V.K.SIJU.
BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.SATHISH NINAN
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 P.C.KOCHUTHRESSIA, AGED 56 YEARS, W/O. P.D.JOSEPH, PERUMPANACHI HOUSE, KSHD NO. 32, HARITHA NAGAR, K.G.KAVU, P.O. THRISSUR-682058.
OTHER PRESENT:
SMT MAYA M N PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.MC.No. 6390 of 2014
ORDER
Learned counsel for the petitioner submits that the Investigating Officer has filed a refer report as "mistake of fact". The report dated 18.11.2014 submitted by the Investigating Officer before this court confirms this fact. Therefore, the petition has become infructuous.
Consequently, the petition is dismissed as infructuous.
sd/-
R. NARAYANA PISHARADI
JUDGE
KAS
3
Crl.MC.No. 6390 of 2014
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE P1 | ANNEXURE 1- TRUE COPY OF THE FORM 21 ISSUED BY THE MANUFACTURER AND FURNISHED IT TO THE SECOND RESPONDENT. |
|---|---|
| ANNEXURE P2 | ANNEXURE 2- TRUE COPY OF THE FORM 22 ISSUED BY THE MANUFACTURER. |
| ANNEXURE P3 | ANNEXURE 3- TRUE COPY OF CORRECTED FORM 22 ISSUED TO THE SECOND RESPONDENT. |
| ANNEXURE P4 | ANNEXURE 4- TRUE COPY OF THE LETTER TVS/RENAULT 35/0002 DATED 28-12-2013 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT. |
| ANNEXURE P5 | ANNEXURE 5- TRUE COPY OF THE LEGAL NOTICE ISSUED TO THE PETITIONER DATED 18-1-2014 BY THE SECOND RESPONDENT. |
| ANNEXURE P6 | ANNEXURE 6- TRUE COPY OF THE REPLY NOTICE DATED 10-3-2014 ISSUED TO ANNEXURE A5 LEGAL NOTICE. |
| ANNEXURE P7 | ANNEXURE 7- A TRUE COPY OF THE CMP NO. 2676/14 FILED BY THE SECOND RESPONDENT AGAINST THE PETITIONER AND ANOTHER. |
| ANNEXURE P8 | ANNEXURE 8- TRUE COPY OF THE FIR IN CRIME NO. 1134 OF 2014 OF MARADU POLICE STATION, ERNAKULAM DISTRICT. |
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the petition under Crl. MC. No. 6390 of 2014, having become infructuous due to the filing of a refer report as 'mistake of fact', should be dismissed.
T.V. Sundaram Iyengar & Sons
State of Kerala
P.C. Kochuthressia
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
