Dismissed

D.Sureshkumar v. State of Kerala

Kerala HC21 Oct 2020Crl.MC/3062/2020

Case brief

AI extract

What is this about?

The High Court rejected an application to quash a final report alleging offences under Sections 272, 273, and 420 IPC regarding adulterated rice supply. The court dismissed the petition, reserving rights on a discharge petition, and directed its disposal within two months.

What did the court decide?

Criminal Misc. Case dismissed; Direction to dispose of discharge petition within two months.

D.Sureshkumar Vs State of Kerala — Corruption | 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 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942

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Crl.MC.No.3062 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CC 192/2020 DATED 04-05-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI

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CRIME NO.7/2017 OF Pampa Police Station , Pathanamthitta

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PETITIONER/ACCUSED:

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D.SURESHKUMAR AGED 42 YEARS S/O. DAMODHARAN, PUTHENVEETTIL, THEKKUMMURI, KANNAMANGALAM VILLAGE, MAVELIKKARA TALUK.

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BY ADVS. SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN

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RESPONDENTS/ STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM 31.

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2 SUB INSPECOTR OF POLICE, PAMPA POLICE STATION, PAMPA 689 662.

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3 SUB INSPECTOR OF POLICE, VIGILANCE AND SECURITY, SABARIMALA SANNIDHANAM, TRAVANCORE DEVASWOM BOARD, 689 713.

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4 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM 695 033.

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R1-R3 BY ADV. SRI. RAMESH CHAND,PUBLIC PROSECUTOR R4 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3062 OF 2020(C)

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ORDER

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The final report submitted alleging offence under section 272, 273, 420 IPC sought to be

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quashed by the sole accused. He is the Contractor for supplying the items required for 'Kettunara' for the period of 2016-17 by which, he had agreed to supply fifteen thousand packets

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of articles such as rice, turmeric powder, coconut, ghee, and such other items in separate packets with the required quantity and quality. On inspection, after its supply, it was found that the rice is mixed with turmeric powder and other items. The rice supplied is not the boiled rice but includes raw rice.

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The learned counsel for the petitioner

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submitted that the final report submitted will

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not disclose the ingredient which would

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constitute the offence under Sections 272, 273 and 420 IPC. The lab report also brought to the

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Crl.MC.No.3062 OF 2020(C)

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notice of this Court in support of their contention. It was also submitted that materials

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were collected from the Mandapam at Pamba

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Ganapathi Temple, but the articles were supplied and stocked in a room of Devaswom at Pamba and not at the mandapam.

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Section 482 Cr.P.C. is not a solution

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for all kinds of grievances. It is also not

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proper to usurp the powers of the trial court, appellate court or the revisional court under the

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camouflage of section 482 Cr.P.C. It can be

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exercised sparingly so as to prevent abuse of the process of court or to secure ends of justice. The legal position was settled by this Court in

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Keynote Capitals Ltd.(M/S) Mambai and Another v.

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State of Kerala and Another (2020(5) KHC 434).

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It is submitted by the learned counsel that they are intending to file a discharge petition within one month and sought direction to have a disposal of the said application within two

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months. Reserving the right to maintain a

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Crl.MC.No.3062 OF 2020(C)

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discharge petition, the Crl.M.C. is hereby dismissed with a direction to dispose of the discharge petition, if any filed, within two months.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.3062 OF 2020(C)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE	1 TRUE COPY OF THE E TENDER NOTICE ISSUED BY THE TRAVANCORE DEVASWOM BOARD DATED 1.9.2015.
ANNEXURE	2 TRUE COPY OF THE ORDER OF THE DEVASWOM COMMISSIONER DATED 7.11.2016 AND SCHEDULE APPENDED THERE TO.
ANNEXURE	3 TRUE COPY OF THE LEDGER FROM 15.11.2016 TO 12.2.2017.
ANNEXURE	4 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 04.01.2017.
ANNEXURE	5 TRUE COPY OF THE REPORT OF ANALYSIS ISSUED BY THE RESEARCH OFFICER TRAVANCORE DEVASWOM BOARD DATED 03.01.2017.
ANNEXURE	6 TRUE COPY OF THE CERTIFICATE OF EXAMINATION WITH FORWARDING NOTE DATED 17.02.2017
ANNEXURE	7 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN CRL.M.C. 45/2020 DATED 11.3.2020.
ANNEXURE	8 TRUE COPY OF THE FINAL REPORT FIELD BY THE 2ND RESPONDENT DATED 4.5.2020.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

D.Sureshkumar v. State of Kerala

Case brief

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D.Sureshkumar v. State of Kerala

Case brief

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