High Court of Kerala closed a writ petition seeking quashing of an FIR under Section 420 IPC. The Court accepted the Station House Officer's statement that the transaction involved was of a civil nature, with no opinion expressed on the merits.
The Criminal Misc. proceeding filed to quash the FIR in Crime No.38/2014 is closed.
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 T.V.ANILKUMAR
THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
Crl.MC.No. 912 of 2014
CRIME NO.38/2014 OF PERUMBAVOOR POLICE STATION, ERNAKULAM
PETITIONER/1ST ACCUSED:
RAJEEV, S/O.SREEDHARAN, PUTHAYATH HOUSE, PERUMBAVOOR.
BY ADVS. SRI.PHILIP T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.THOMAS T.VARGHESE
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION PIN - 683 542.
2 SHAHUL HAMMED, S/O.ABDUL RAHIM, CHERAI HOUSE, THEKKUMMURI KARA, THAMALAKKAL, KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT PIN - 690 548.
R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH R2 BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN SRI.M.V.DAS
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 912 of 2014 : 2 :
O R D E R
When the matter was taken up for hearing, the learned Public Prosecutor submitted a statement of Station House Officer, Perumbavoor police station to the effect that after investigation of the issue involved in Crime No.38/2014, the Sub Inspector of Police, Perumbavoor formed an opinion that the matter involved is a case of civil nature. In as much as the transaction involved is one of civil nature, the question of petitioner being prosecuted for offence punishable under Section 420 IPC does not arise at all. The statement submitted by the Station House Officer, Perumbavoor police station is recorded and consequently, Crl.M.C.No.912/2014 filed to quash the FIR in Crime No.38/2014 is closed.
Sd/- T.V.ANILKUMAR
JUDGE
Bb
Crl.MC.No. 912 of 2014 : 3 :
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.38/2014 OF PERUMBAVOOR POLICE STATION DATED 04.01.2014
ANNEXURE A2 TRUE COPY OF THE F.I.STATEMENT OF THE DE FACTO COMPLAINANT DATED 04.01.2014
RESPONDENTS' ANNEXURES:
NIL
//True Copy//
P.A. To Judge
Bb
2 issues framed by the court
Whether a criminal matter involving Section 420 IPC should be treated as civil in nature and the FIR quashed.
Whether the Sub-Inspector's opinion that the case is of civil nature warrants closure of the quo warranto petition.
1 provisions across 1 enactments
Rajeev
State of Kerala
Shahul Hammed
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
