High Court of Kerala dismissed Criminal Miscellaneous Case No. 85 of 2019, holding no ground for quashing FIR as it did not affect ability of trial court to administer justice.
Petition dismissed; petitioner directed to appear in trial court for discharge.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
Crl.MC.No. 85 of 2019
CC 1211/2018 OF J.M.F.C.-III, THIRUVANANTHAPURAM
CRIME NO. 390/2018 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/S:
RAJI SREEDHARAN
AGED 52 YEARS S/O.SREEDHARAN, TC 12/3592. SIVAJI HOUSE, NALANCHIRA P.O., KUDAPPANNAKUNNU VILLAGE.
BY ADV. SRI.P.BABU KUMAR
RESPONDENT/S:
OTHER PRESENT:
SRI SUMAN CHAKRAVARTHY SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 85 of 2019
ORDER
Petition filed under Section 482 Cr.P.C.
No.1211 of 2018 on the file of the Judicial
First Class Magistrate Court-III, Thiruvananthapuram. He along with the co-accused is charged with having committed the offences under Sections 116, 120B, 468 & 511 r/w Section 420 of the Indian Penal Code.
The allegation is that they entered into a conspiracy to cheat the Government by interfering with the lottery machine and for that purpose they abetted the first informant to interfere with the machine. This is sought to be quashed on the ground that the facts of the case do not attract any offence.
Crl.MC.No. 85 of 2019
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petitioner is resident of Thiruvananthapuram. The court is situated at Thiruvananthapuram. I do not find any reason for the petitioner to bypass the learned magistrate. The petitioner may appear before the trial court and plead for discharge.
In the result, this Crl.M.C. is dismissed directing the petitioner to appear and plead for discharge in the trial court.
Sd/-
K.ABRAHAM MATHEW
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM DATED 28/9/2018.
Bka/15.01.2019
1 issue framed by the court
Whether the petition for quashing FIR under Section 482 Cr.P.C. merits allowance.
1 provisions across 1 enactments
RAJI SREEDHARAN
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
