Dismissed

Satheesh Kumar v. State of Kerala

Kerala HC6 Oct 2020Crl.MC/1928/2015

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking to quash an FIR, the accused alleged the case was a counterblast against a medical negligence complaint. The High Court dismissed the petition, holding the matter requires evidence-based adjudication and that quashing via inherent powers would usurp the trial court's jurisdiction.

What did the court decide?

The criminal miscellaneous case was dismissed without prejudice to the right of petitioners to apply for discharge or exhaust other remedies.

Satheesh Kumar Vs State of Kerala — Quashing and FIR | 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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TUESDAY, THE 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942

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Crl.MC.No.1928 OF 2015

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AGAINST THE ORDER/JUDGMENT IN CC 134/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR

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CRIME NO.2255/2014 OF PUNALUR POLICE STATION, KOLLAM

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PETITIONER/ACCUSED NOS.1 TO 6:

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1 SATHEESH KUMAR, ADVOCATE, SATHEESH MANDIRAM, ANCHAL, NEDIYARA, PUNALUR, KOLLAM

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2 JOHNSON K.KALAPPILA, ADVOCATE, KALAPPILA HOUSE, EDAMULAKKAL, ANCHAL

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3 S.PRASANNAKUMAR, ADVOCATE, KARIKKATHIL VEEDU, AREEPLACHY PO, ANCHAL, PUNALUR, KOLLAM

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4 ROBIN,ADVOCATE,S/O SASIDHARAN,OMANAVILASOM HOUSE, PULLUKUZHI,KULATHUPPUZHA VILLAGE,ANCHAL

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5 ANILKUMAR, ADVOCATE,S/O GOPALAKRISHNA PILLAI, KRISHNA,KUTTANKARA,ANCHAL PO,KOLLAM

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6 SHIBU, ADVOCATE,S/O ELAYAKUNJU,PUNALUR BAR ASSOCIATION,PUNALUR

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BY ADVS. SRI.ALAN PAPALI SRI.ANTONY ROBERT DIAS SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. SRI.SOJAN MICHEAL SRI.J.VIMAL

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA (S.I OF POLICE, CRIME NO.2255/2014 OF PUNALUR POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682 031

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2 K.VIJAYAKUMAR,GRADE S.I, CHADAYAMANGALAM POLICE STATION, PUNALUR, KOLLAM DISTRICT, PIN-691 305

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PUBLIC PROSECUTOR.SRI.RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1928 OF 2015 2

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ORDER

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The FIR in Crime No.2255/2014 of Punalur Police

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Station, Kollam District, registered on the allegation of offence punishable under Sections 143, 147, 341, 294(b), 506(1), 332, 148 and 427 read with Section 149 IPC sought to be quashed by accused Nos.1 to 6. The crime was registered based on an incident alleged to have been happened at the court premises of Judicial First Class Magistrate-I, Punalur, when the defacto complainant, a police official, along with another police official came to the court premises in discharge of their official duties. He was attacked by a group of Advocates and unleashed filthy language against him. It was happened in furtherance of an earlier incident happened wherein the said police officer stopped the vehicle of the Judicial First Class Magistrate while he was on the way to his residence, against which proceedings were initiated in M.C.No.37/2014 under Section 15(2) of Contempt of Court Act r/w Rule 8 thereunder on 19.12.2014. It is submitted that the case was registered as a

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Crl.MC.No.1928 OF 2015 3

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counterblast without any truth or bonafides. The question requires adjudication by evidence. As such, it is not proper to exercise the inherent power under Section 482 Cr.P.C. It is not permissible to usurp the jurisdiction of a trial court under the camouflage of inherent power under Section 482 Cr.P.C.. Without prejudice to the right of petitioner's to apply for discharge or to exhaust remedy at any proper stage of the proceedings, Crl.M.C. is hereby dismissed. It is made clear that in the event of filing a discharge petition, the same may be disposed of taking into the factum of death of defacto complainant and the other relevant aspects.

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P.SOMARAJAN JUDGE

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msp

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Crl.MC.No.1928 OF 2015 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-I.	TRUE COPY OF THE FIR AND THE FI STATEMENT IN CRIME NO.2255/2014 OF PUNALUR POLICE STATION DATED 21.12.2014
ANNEXURE-II	TRUE COPY OF THE REPORT FILED BY THE ADDITIONAL SUB INSPECTOR, PUNALUR POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III PUNALUR DATED 21.12.2014
ANNEXURE-III	TRUE COPY OF THE REPORT SUBMITED BY THE ADDITIONAL SUB INSPECTOR, PUNALUR POLICE STATION DATED 17.01.2015 TO THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III,PUNALUR INCLUDING THE NAMED ADDRESS OF THE 4TH AND 5TH ACCUSED
ANNEXURE-IV	TRUE COPY OF THE REPORT DATED 28.01.2015, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR BY THE ADL SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION
ANNEXURE-V	TRUE COPY OF THE REMARKS FILED BY THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-I, PUNALUR BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM ON 04.02.2015
ANNEXURE-VI	TRUE COPY OF THE ORDER SHEET IN M.C.NO.37/2014 UPTO 20.02.2015
ANNEXURE-VII	TRUE COPY OF THE FACTUAL REPORT SUBMITTED BEFORE THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLLAM DATED 22.12.2014
ANNEXURE-VIII	TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 1ST ACCUSED IN ANNEXURE - 1 CRIME AS C.M.P NO.10480/2014 DATED 22.12.2014
ANNEXURE-IX	TRUE COPY OF THE STATEMENT OF WITNESS C.W.1 DATED 24.01.2015
ANNEXURE-X	TRUE COPY OF THE PROCEEDINGS OF THE JUDICIAL FIRST CLASS MAGISTRATE III, PUNALUR IN C.C.NO.134/2015 (C.M.P

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Crl.MC.No.1928 OF 2015 5

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NO.10480/2014) DATED 28.01.2015

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ANNEXURE-XI

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TRUE COPY OF THE FINAL REPORT IN CC NO.1368/2017 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR

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//TRUE COPY//

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P.A TO JUDGE

Satheesh Kumar v. State of Kerala

Case brief

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What did the court decide?

Satheesh Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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