Dismissed

Suraj Kadam, v. the State of Kerala

Kerala HC9 Dec 2020Crl.MC/1297/2020

Case brief

AI extract

What is this about?

This judgment is a Criminal Miscellaneous petition arising from an interim order under Section 451 Cr.P.C. The petitioner sought to set aside the quashing of their complaint petition. The Court held that since the impugned order was interim, the proper remedy was revision, not a writ petition under Section 482 Cr.P.C.

What did the court decide?

The lawsuit is dismissed as revision is the proper remedy for interim orders.

Suraj Kadam, Vs the State of Kerala — Kerala HC (2020) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942

¶5

Crl.MC.No.1297 OF 2020(B)

¶6

AGAINST THE ORDER/JUDGMENT IN CMP 666/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG

¶7

CRIME NO.10/2020 OF NILESWAR POLICE STATION, KASARGOD

¶8

PETITIONER/ACCUSED:

¶9

SURAJ KADAM, S/O.SAMBHAJI KADAM, AGED 29 YEARS, SHANTI BHAVAN, IIND FLOOR, NEAR SONA CHANDI JEWELERS, DHANBAD, JHARKAND - 826 001, REPRESENTED THROUGH HIS POWER OF ATTORNEY HOLDER KISHOR TANAJI HASABE, S/O.TANAJI, AGED 33 YEARS, GOLDEN VIEW APARTMENT, FLAT NO.13, 2ND FLOOR, GOLDEN PARK, KALANAGAR ROAD, PUNE BYEPASS, SANGLI, MAHARASHTRA - 416 416.

¶10

BY ADVS. SRI.ABDUL RAOOF PALLIPATH SRI.K.R.AVINASH (KUNNATH) SRI.E.MOHAMMED SHAFI SRI.C.H.ABDUL RASAC SRI.PRAJIT RATNAKARAN SHRI. RAJ CAROLIN V.

¶11

RESPONDENT/STATE:

¶12

1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶13

2 THE STATION HOUSE OFFICER, NEELESHWARAM POLICE STATION, KASARGOD DISTRICT - 671 531.

¶14

ADDITIONAL R3 & R4 ARE IMPLEADED:

¶15

ADDL. THE ASSISTANT COMMISSIONER OF CUSTOMS, R3. (PREVENTIVE) OFFICE, KANNUR.

¶16

Crl.MC.No.1297 OF 2020(B) 2

¶17

ADDL. THE ASSISTANT DIRECTOR, R4. DIRECTORATE OF ENFORCEMENT CALICUT SUB ZONAL OFFICE, KOZHIKODE.

¶18

(ADDITIONAL R3 & R4 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 23RD OCTOBER 2020 IN CRL. MC 1297/2020)

¶19

R1-2 BY GOVERNMENT PLEADER

¶20

SR.GOVERNMENT PLEADER - SRI. CHANDRASENAN D.

¶21

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶22

Crl.MC.No.1297 OF 2020(B) 3

¶23

ORDER

¶24

Annexure 4 order under Section 451 Cr.P.C. sought to be quashed under Section 482 Cr.P.C. Since the order is an interim order, revision is maintainable. Hence, it is not fit and proper to exercise the jurisdiction under Section 482 Cr.P.C.

¶25

Crl.M.C., hence dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.1297 OF 2020(B) 4

¶31

APPENDIX

¶32

PETITIONER'S/S EXHIBITS:

¶33

ANNEXURE 1 TRUE COPY OF THE PETITION AS CMP NO.666/2020 FILED U/S 451 OF CR PC BEFORE THE JFCM COURT-II, HOSDURG. ANNEXURE 2 TRUE COPY OF THE INSURANCE CERTIFICATE OF THE VEHICLE. ANNEXURE 3 TRUE COPY OF THE PARTICULARS OF THE VEHICLE TAKEN FROM THE WEBSITE. ANNEXURE 4 TRUE COPY OF THE ORDER OF THE JFCM COURTII, HOSDURG DATED 31/1/2020 IN CMP 666/2020 IN CRIME NO.10/2020.

¶34

RESPONDENTS EXHIBITS:NIL

¶35

//TRUE COPY//

¶36

P.A. TO JUDGE

Suraj Kadam, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Suraj Kadam, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Daniel Vs Shajan

Geejo Francis, Vs the State of Kerala

K.v.Gireesh Vs State of Kerala

Jamsheer, Vs State of Kerala

Ajil, Vs State of Kerala

Febin v. Vs State of Kerala