Dismissed

A.v.John v. Asharaf @ Raveendran

Kerala HC16 Oct 2020Crl.MC/1074/2018

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a criminal miscellaneous petition seeking quashing of cognizance due to lack of Section 197 sanction. The single bench held that existence of valid sanction is a mixed question of law and fact requiring trial court adjudication, making it impermissible for the High Court to usurp Section 482 Cr.P.C. and dismissed the petition.

What the court decided

AI extract

A.v.John Vs Asharaf @ Raveendran — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942

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Crl.MC.No.1074 OF 2018

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AGAINST THE ORDER/JUDGMENT IN CC 800/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOZHIKODE

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PETITIONER/ACCUSED 1 to 6:

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1 A.V.JOHN

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S/O. VARGHESE, AGED 44 YEARS,ALAKKAL HOUSE, VELIMANAM P.O.,KANNUR DISTRICT. NOW WORKING AS C.I. OF POLICE, MATTANOOR

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2 BIJU.B.K, S/O BALAKRISHNAN, AGED 39 YEARS, ANANDABHAVAN HOUSE, CHEMMARATHOOR P.O.,KOZHIKODE DISTRICT, NOW WORKING AS S.I OF POLICE AIRPORT EMIGRATION, KOZHIKODE

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3 BABU, S/O. SREEDHARAN NAIR, AGED 49 YEARS, SREENILAYAM HOUSE, ERVANOOR P.O., KOZHIKODE DISTRICT, NOW WORKING AS CIVIL POLICE OFFICER, KUNNAMANGALAM.

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4 MOHAMMED SHAFI

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S/O ABDUL RAHMAN MUSLIYAR, AGED 43 YEARS, MADATHIL HOUSE,KARASSERY P.O., KOZHIKODE DISTRICT, NOW WORKING AS SR. CIVIL POLICE OFFICER, CITY TRAFFIC POLICE, KOZHIKODE

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5 RANDHEER

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S/O. GOVINDANKUTTY, AGED 41 YEARS,R.P.NIVAS, UNNIKULAM P.O.,KOZHIKODE DISTRICT, NOW WORKING AS SR.CIVIL POLICE OFFICER, TRAFFIC POLICE STAITON, KOZHIKODE

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6 AJITH KUMAR

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S/O. RAGHAVAN, AGED 52 YEARS,ANNOORTHAZHAM HOUSE,MAKKADA P.O., KOZHIKODE DISTRICT, NOW WORKING AS SR. CIVIL POLICE OFFICER, CHEVAYOOR POLICE STATION

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BY ADVS.

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SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN

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Crl.MC.No.1074 OF 2018 2

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RESPONDENTS/COMPLAINANT & STATE:

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1 ASHARAF @ RAVEENDRAN S/O. NARAYANAN VAIDYAR,KUMATTAN HOUSE,NOCHADU, KOILANDI,KOZHIKODE 673620

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.682031

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R1 BY ADV. T. SHIHABUDHEEN R1 BY ADV. SRI. ASHRAF RAVEENDRAN PARTY IN PERSON

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PUBLIC PROSECUTOR.SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1074 OF 2018 3

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ORDER

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To quash the cognizance taken under Section

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202 Cr.P.C. for the offence under Sections 343 and 365 IPC, the accused Nos.1 to 6 came up on the ground that the sanction as envisaged under Section 197 Cr.P.C. not obtained before taking cognizance. The same was disputed and denied by the defacto complainant and submitted that sanction was granted under Section 197 Cr.P.C. Whether any valid sanction was granted and whether it is required to proceed further in the matter is a mixed question of law and fact which requires adjudication. Since the ground raised requires adjudication by the Trial Court, it is not permissible to usurp the power under Section 482 Cr.P.C. Further, at the stage of taking cognizance the accused has no role to play. His right to defend would arise

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Crl.MC.No.1074 OF 2018 4

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only on issuance of process under Section 204 Cr.P.C.

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Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.1074 OF 2018 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1: A TRUE COPY OF THE COMPLAINT IN CMP.5149/2014 DATED 15.4.2016 BEFORE THE JFCM-1, KOZHIKODE

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ANNEXURE A2: A TRUE COPY OF THE PROCEEDINGS COGNIZANCE IN C.C.NO.800/2017 DATED 7/9/2017

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RESPONDENTS EXHIBITS:

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ANNEXURE R1(A) A TRUE COPY OF THE JUDGMENT IN C.C.NO.61/2015 OF JUDICIAL MAGISTRATE OF THE FIRST CLASS COURT AT KOYLANDY DATED 11.04.2017 ANNEXURE R1(B) A TRUE COPY OF THE JUDGMENT IN C.C.NO.619 OF 2014 OF CHIEF JUDICIAL MAGISTRATE COURT AT THRISSUR DATED 23.01.2016 ANNEXURE R1(C) A TRUE COPY OF THE DEPOSITION OF CW9 IN C.M.P.NO.5149 OF 2014 DATED 12.01.2015 ANNEXURE R1(D) A TRUE COPY OF THE DEPOSITION OF CW10 IN C.M.P.NO.5149 OF 2014 DATED 24.01.2015 ANNEXURE R1(E) A TRUE COPY OF THE JUDGMENT OF HON'BLE SESSION COURT KOZHIKODE DIVISION IN C.C.NO.500 OF 2015 DATED 18.11.2017 ANNEXURE R1(F) A TRUE COPY OF THE DEPOSITION OF CW8 IN C.M.P.NO.5149 OF 2014 DATED 08.12.2014 ANNEXURE R1(G) A TRUE COPY OF THE DEPOSITION OF CW5 IN C.M.P.NO.5149 OF 2014 DATED 14.10.2014. ANNEXURE R1(H) A TRUE COPY OF THE DEPOSITION OF CW2 IN C.M.P.NO.5149 OF 2014 DATED 18.09.2014 ANNEXURE R1(I) A TRUE COPY OF THE DEPOSITION OF CW3 IN C.M.P.NO.5149 OF 2014 DATED 30.09.2014 ANNEXURE R1(J) A TRUE COPY OF THE DEPOSITION OF CW4 IN C.M.P.NO.5149 OF 2014 DATED 30.09.2014 ANNEXURE R1(K) A TRUE COPY OF THE DEPOSITION OF CW6 IN

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Crl.MC.No.1074 OF 2018 6

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	C.M.P.NO.5149 OF 2014 DATED 28.10.2014
ANNEXURE R1(L)	A TURE COPY OF THE DEPOSITION OF CW1 IN C.M.P.NO.5149 OF 2014 DATED 04.09.2014
ANNEXURE R1(M)	A TRUE COPY OF THE WRITTEN COMPLAINT DATED 21.08.2014 FILED BY THE 1ST RESPONDENT
ANNEXURE R1(N)	A TURE COPY OF THE ORDER IN C.M.P NO.63/2019 DATED 10.03.2020 OF THE HON'BLE II ADDL.SESSIONS JUDGE, KOZHIKODE
ANNEXURE R1(O)	A TRUE COPY OF THE REQUEST DATED 26.04.2016 SUBMITTED BEFORE THE CHIEF SECRETARY, GOVERNMENT OF KERALA FOR PERMISSION TO PROSECUTE THE PETITIONERS
ANNEXURE R1(P)	A TRUE COPY OF THE SEIZURE MAHAZER DATED 11.07.2014 SUBMITTED BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT, KOZHIKODE IN SESSIONS CASE NO.500/2015.
	//TRUE COPY//

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P.A. TO JUDGE

A.v.John v. Asharaf @ Raveendran

Case brief

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A.v.John v. Asharaf @ Raveendran

Case brief

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