The Kerala High Court dismissed a criminal miscellaneous petition challenging an FIR under Sections 341, 323, and 353 IPC. The court held that since the legality of the charges depends on evidence, the High Court cannot usurp the trial court's jurisdiction to decide the merits.
Crl.M.C. No.3998 of 2020 is 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
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
Crl.MC.No.3998 OF 2020(H)
CRIME NO.62/2020 OF KANNAVAM POLICE STATION, KANNUR
PETITIONER/ACCUSED:
PRASANTH, AGED 48 YEARS, S/o K.V. SOMAN, ASSISTANT EXECUTIVE ENGINEER, PWD, KANNAVAM, KANNUR DISTRICT.
BY ADVS.SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT SRI.M.A.AHAMMAD SAHEER SRI.P.B.MUHAMMED AJEESH
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
3 HASSAN M.P., W/o MOIDHEEN M.P., SUB ENGINEER, KSEB, PATTIYAM, KANNAVAM, KANNUR DISTRICT, PIN-670650.
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3998 of 2020
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ORDER
The accused persons came up against the FIR registered on the allegation of offence under Sections 341, 323, 353 r/w Section 34 IPC. It is submitted that what is stated in the complaint is a total falsehood. The alleged incident was happened at the time when the defacto complainant tried to remove one of the electric posts without any sanction. All these defences raised by the petitioner requires consideration by evidence. This court cannot usurp the power of trial court and adjudicate the disputed issues based on the evidence and hence the same cannot be a ground to exhaust the jurisdiction under Section 482 Cr.P.C.
Crl.M.C. is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.3998 of 2020
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APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE A1 | THE TRUE COPY OF THE 04/03/2020 FILED BY T BEFORE THE 2ND RESPON |
COMPLAINT DATED HE 3RD RESPONDENT DENT. |
|---|---|---|
| ANNEXURE A2 | THE TRUE COPY OF THE KANNAVAM POLICE STATI |
FIR NO.62/2020 OF THE ON DATED 04/03/2020. |
| ANNEXURE A3 | THE TRUE COPY OF THE 22/07/2020 ISSUED BY TO THE 2ND RESPONDENT |
COMMUNICATION DATED THE EXECUTIVE ENGINEER . |
| ANNEXURE A4 | THE TRUE COPY OF THE BY ASSISTANT ENGINEER KANNUR TO ASSISTANT E DATED 04/03/2020. |
COMMUNICATION ISSUED , PWD, NH SECTION, NGINEER, KSEB LIMITED |
| ANNEXURE A5 | THE TRUE COPY OF THE NH/SD/KNR/2020 DATED |
COMPLAINT NO. 04/03/2020. |
| ANNEXURE A6 | THE TRUE COPY OF THE NO.AE/NH/CRF/126/2017 |
COMPLAINT DATED 05/03/2020. |
| ANNEXURE A7 | THE TRUE COPY OF THE GO(RT) NO.30/2018/PWD ISSUED BY THE STATE O |
GOVERNMENT ORDER DATED 05/01/2018 F KERALA. |
| ANNEXURE A8 | THE TRUE COPY OF THE | PHOTOGRAPHS. |
| ANNEXURE A9 | THE TRUE COPY OF THE AE/NH/CRF/126/2010-17 |
COMMUNICATION NO. DATED 12/03/2020. |
| ANNEXURE A10 | THE TRUE COPY OF THE NO.AB3/2486/2020/EIN |
COMMUNICATION DATED 10/06/2020. |
| **RESPONDENTS' ** | ANNEXURE: NIL |
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner can exhaust the jurisdiction of the High Court under Section 482 Cr.P.C. by raising anticipatory defences before the trial.
2 provisions across 2 enactments
PRASANTH
STATE OF KERALA
HASSAN M.P.
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
