The court dismissed a Special Leave Petition filed to quash the FIR, holding that mere ownership of leased premises without evidence of guilt is insufficient to invoke Section 482 Cr.P.C.
The petition to quash the annexure A2 final report was dismissed.
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
WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942
Crl.MC.No.3687 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 928/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA
CRIME NO.1289/2015 OF Vadakara Police Station , Kozhikode
PETITIONER/2ND ACCUSED:
SHAREEFA
AGED 46 YEARS W/O.MOIDEEN KUTTY, CHERUVATHKANDIYIL HOUSE, PONMERIPARAMBIL P O, VATAKARA, KOZHIKODE DISTRICT, PIN - 673542.
BY ADVS.
SRI.C.BHASKARAN SRI.U.P.BALAKRISHNAN
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
BY ADV.SRI. CHANDRASENAN D., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3687 OF 2020(A)
2
ORDER
The accused No.2 came up to quash Annexure
A2 final report submitted on the allegation of
offence punishable under Sections 4(A), (h),7(iii)of Lottery Regulation Act, 1998 and Sections 7 and 8 of Kerala Gaming Act on the reason that it is only a false case and that the accused has no role in the alleged incident. It is admitted that she is the owner of the property wherein the alleged business was conducted and submitted that it was leased out to accused No.1 for which no scrap of paper produced. It is a disputed fact, requires adjudication by evidence. Hence, the same cannot be a reason to exhaust the power under Section 482 Cr.P.C.
Crl.M.C. hence dismissed
P.SOMARAJAN
JUDGE
SPV
Crl.MC.No.3687 OF 2020(A)
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND STATEMENT DATED 10.12.2015 IN CRIME NO.1289/2015 OF THE VATAKARA POLICE.
ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT IN CC NO.928 OF 2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, VATAKARA DATED 25.12.2015.
ANNEXURE A3 A CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO.1289/2015 DATED 01.07.2016.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether ownership of the property leased to the accused is sufficient to quash the FIR without evidence regarding her role in the alleged offence.
1 provisions across 1 enactments
SHAREEFA
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
