The High Court closed a criminal miscellaneous application seeking quashing of an FIR after the public prosecutor submitted that investigation revealed the matter was of civil nature, leaving no reason to proceed criminally.
This Criminal Miscellaneous Case is closed.
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 T.V.ANILKUMAR
THURSDAY, THE 09TH DAY OF JULY 2020 / 18TH ASHADHA, 1942
Crl.MC.No.2367 OF 2015
CRIME NO.443/2013 OF VIDYA NAGAR POLICE STATION , Kasargod
PETITIONER:
ARUN MALHOTRA AGED 57 YEARS S/O.KRISHNA KUMAR MALTHOTRA, MANAGING DIRECTOR, NISSAN MOTOR INDIA PVT.LTD., EQUINOX BUSINESS PARK (PENINSULA TECHNO PARK), TOWER 3, 4TH FLOOR, OFF BANDRA KURLA COMPLEX, LBS MARG, KURLA, MUMBAI-400070.
BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER VIDYA NAGAR POLICE STATION, KASARAGOD.
3 K.BALAKRISHNAN S/O.KARIMBIL KUNHAMBU, SHREE VALSAM, NEAR CPIM DC OFFICE, P.O.VIDYA NAGAR, KASARAGOD DISTRICT-671123.
OTHER PRESENT:
SRI. BINEESH. E.C (P.P.)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2367 OF 2015
2
O R D E R
This proceedings was initiated for quashing FIR in Crime No. 443/2013 of Vidya Nagar Police Station, Kasargod District. The learned Public Prosecutor on getting instructions submitted that, after completing the investigation, the matter was referred as being of civil nature. Therefore itself, the petitioner/1st accused may have no reason to proceed with this matter.
In the result, this Crl. M.C is closed.
(Sd/-) T.V. ANILKUMAR, JUDGE
LU/09.07.2020.
Crl.MC.No.2367 OF 2015
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE PERFORMA INVOICE. ANNEXURE B TRUE COPY OF THE ORDER BOOKING FORM. ANNEXURE C TRUE COPY OF TEMPORARY CERTIFICATE OF REGISTRATION.
ANNEXURE D TRUE COPY OF COMPLAINT PREFERRED BY THE THIRD RESPONDENT BEFORE THE SECOND RESPONDENT. ANNEXURE E TRUE COPY OF THE F.I.R. IN CRIME NO.443/2013 OF VIDYA NAGAR POLICE STATION, KASARGOD DISTRICT.
ANNEXURE F TRUE COPY OF COMPLAINT PREFERRED BY THE THIRD RESPONDENT BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD AS C.C.NO.286/2013.
ANNEXURE G TRUE COPY OF THE PRELIMINARY OBJECTION SUBMITTED BY THE COMPANY.
// True Copy // PA to Judge
1 issue framed by the court
Whether a criminal miscellaneous application for quashing FIR should be closed when investigation concludes the matter is of civil nature.
Arun Malhotra
State of Kerala
The Station House Officer Vidya Nagar Police Station
K. Balakrishnan
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
