The Court allowed the Criminal Miscellaneous petition, quashing the FIR against Accused No.2 and prescribed the same treatment for Accused No.3 (the Petitioner) based on a prior order quashing the FIR against them.
The FIR is stood quarshed as against Accused No.2 and Accused No.3; Crl.M.C. is allowed.
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 P.SOMARAJAN
TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942
Crl.MC.No.2163 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 140/2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
CRIME NO.1361/2018 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.2:
RAJEEV K.P. AGED 34 YEARS
S/O. KUNJIRAMAN, RAJEEV VIHAR, SREEKRISHNAPURAM P O, OTTAPALAM TALUK, PALAKKAD-679513.
BY ADV. SRI.JAGAN ABRAHAM M.GEORGE
RESPONDENT/COMPLAIANANT:
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 CONSUMER FEDERATION, GANDHI NAGAR, KADAVANTHARA, ERNAKULAM-682020, REPRESENTED BY ITS MANAGING DIRECTOR, SUKESHAN IPS, AGED 57 YEARS,
R2 BY ADV. SRI.M.SASINDRAN
PUBLIC PROSECUTOR - SMT. M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2163 OF 2020(A) 2
ORDER
As per Annexure 3 order, this court quashed the FIR as against accused No.2. Accused No.3, the petitioner herein standing on the same pedestal. Hence, same treatment is extended to the accused No.3. FIR will stand quashed as against accused No.3 also. Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.2163 OF 2020(A) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF FIR NO.1361/16 OF ERNAKULAM TOWN NORTH POLICE STATION. ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN CC NO.1348/2017 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE 3 TRUE COPY OF THE ORDER IN CRL.M.C NO.9053/2019 DATED 31.01.2020
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
RAJEEV K.P.
STATE OF KERALA
CONSUMER FEDERATION
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
