Allowed

Shahul Hameed v. the State of Kerala

Kerala HC14 Oct 2020Crl.MC/1661/2015

Case brief

AI extract

What is this about?

The High Court of Kerala held that a crime under Sections 182 and 211 IPC cannot be registered without a written complaint, citing Divya v. State of Kerala. It quashed the sanction granted under Section 195 Cr.P.C. and the permission from the Magistrate, dismissing the charge against the accused.

What did the court decide?

Quash of sanction under Section 195 Cr.P.C., final report and further proceedings; Crl.M.C is allowed.

Shahul Hameed Vs the State of Kerala — 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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WEDNESDAY, THE 14TH DAY OF OCTOBER 2020 / 22ND ASWINA, 1942

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Crl.MC.No.1661 OF 2015

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IN CC 600/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE CRIME NO.392/2012 OF Nallalam Police Station , Kozhikode

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PETITIONERS/ACCUSED 1 TO 3:

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1 SHAHUL HAMEED AGED 39 YEARS S/O. NOORUDHIN, VAIDYARANGADI, RAMANATTUKARA, KOZHIKODE.

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2 SASIDHARAN T. AGED 62 YEARS S/O. SANKARAN, THACHATTU HOUSE, GIREESH NAGAR, P.O.NALLALAM, MEENCHANTHA, KOZHIKODE.

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3 SIVADASAN AGED 52 YEARS

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S/O. RAGHAVA PANICKER, KARTHIKA HOUSE, POOCHARIKUNNU, MANNOOR P.O., KOZHIKODE.

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BY ADVS. DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI.PRATHAP. S.R.K. SRI.S.SIDHARDHAN SMT.R.UDAYA JYOTHI

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 THE SUB INSPECTOR OF POLICE NALLALAM POLICE STATION, KOZHIKODE CITY, KOZHIKODE-673 019. PP.SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1661 OF 2015

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O R D E R

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Charge was framed against the accused for the offence punishable under Sections 182 and 211 IPC and application submitted for discharge was dismissed, against which the accused came up.

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It is without a written complaint, a crime was registered alleging offence under Section 182 and 211 of IPC. The legal position was settled in Divya v. State of Kerala ( 2015 KHC 5271 : 2015(4) KLT 432) . The request made by the Station House Officer or the investigation officer for getting sanction under Section 195 Cr.P.C. and the sanction accorded thereof cannot be substituted in the place of a written complaint from the party concerned. The permission granted by the Magistrate, Annexure III final report and the further proceedings thereunder are quashed.

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Crl.M.C. is allowed accordingly.

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Sd/-

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P.SOMARAJAN JUDGE

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VPK

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Crl.MC.No.1661 OF 2015

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I	COPY OF THE COMPLAINT IN CMP NO.2383/13 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-V, KOZHIKODE.
ANNEXURE II	COPY OF THE 2ND RESPONDENT'S APPLICATION DTD.28.7.2012 IN CMP NO.2383/13 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-V, KOZHIKODE.
ANNEXURE III	COPY OF THE FINAL REPORT DTD.22.4.2013 IN CRIME NO.392/12 OF THE 2ND RESPONDENT.
ANNEXURE IV	COPY OF THE APPLICATION DTD.29.1.2014 SUBMITTED BY THE PETITIONERS IN CC NO.600/13.
ANNEXURE V	COPY OF THE APPLICATION DTD.2.2.2015 SUBMITTED BY THE PETITIONERS IN CC NO.600/13.
ANNEXURE VI	COPY OF THE PETITION DTD.7.7.2014 IN CMP NO.4729/14 IN CC NO.600/2013.
ANNEXURE VII	COPY OF THE ORDER DTD.20.10.2014 IN CMP NO.4729/2014 IN CC NO.600/2013.

Shahul Hameed v. the State of Kerala

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Shahul Hameed v. the State of Kerala

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