High Court of Kerala at Ernakulam dismissed a criminal miscellaneous petition seeking quashing of criminal proceedings. The court held that interference under Section 482 Cr.P.C was not warranted as evidence admissibility and conduct of assaultous act are for the trial court.
The Crl.M.C. 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 ASHOK MENON
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
Crl.MC.No.412 OF 2020(B)
CRIME NO.167/2019 OF VAGAMAN POLICE STATION,IDUKKI DISTRICT IN CC NO: 257/2019 PENDING BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT-1, PEERUMEDU
PETITIONERS/ACCUSED 1 TO 3:
1 ELIAS, AGED 50 YEARS, S/O SAMUEL, CHATHUKALLUNKAL HOUSE, VATTAPATHAL KARA, VAGAMAN VILLAGE, PEERUMEDU TALUK-685 503.
2 MINI, AGED 44 YEARS, W/O.ELIAS, CHATHUKALLUNKAL HOUSE, VATTAPATHAL KARA, VAGAMAN VILLAGE, PEERUMEDU TALUK-685 503.
3 RAJU, AGED 53 YEARS, S/O.SAMUEL, CHATHUKALLUNKAL HOUSE, VATTAPATHAL KARA, VAGAMAN VILLAGE, PEERUMEDU TALUK-685 503.
BY ADV. SRI.JOSWIN THAMBI KUNNATH
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
Crl.MC.No.412 OF 2020(B)
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2 STELIN, AGED 20 YEARS, S/O VIJAYAN, THALIPARAMBU HOUSE, VATTAPATHAL,VAGAMAN, IDUKKI-685 503, KERALA.
OTHER PRESENT:
SRI RAMESH CHAND – PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.412 OF 2020(B)
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ORDER
Dated this the 12th day of February, 2020
The petitioners are accused in C.C.No.257/2019 on
the files of the Judicial First Class Magistrate Court-I,
Peerumedu, for having allegedly committed offences
punishable under Sections 294(b), 323, 324, read with Section
34 of the IPC. The petitioners would contend that the
prosecution case is absolutely false and that it is the defacto
complainant and others who had actually attacked the
petitioners by trespassing into their house. But unfortunately
the case was taken up with the petitioners as accused and
therefore the entire proceedings as against the petitioners
need to be quashed.
2.This court sitting under jurisdiction of Section 482
Cr.P.C is not accepted to go through the acceptability of the
evidence collected by the Investigating Officer. Going by the
allegations made in the F.I.Statement as also the final report
offence under the sections alleged would lie. It is for the
prosecution to prove during trial that the allegations stated is
true and sustainable. The fact whether it is the witnesses who
Crl.MC.No.412 OF 2020(B)
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had actually attacked the petitioners is also a matter to be
found out by the trial court after adducing of evidence. Hence,
I find that this is not a case wherein this court can interfere at
this stage invoking the provisions of Section 482 Cr.P.C.
In the result, the Crl.M.C is dismissed.
Sd/-
ASHOK MENON
JUDGE
NR/12/02/20
Crl.MC.No.412 OF 2020(B)
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.167/19 DATED 03.06.2019 OF VAGAMON POLICE STATION ,IDUKKI DISTRICT
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.167/2019 DATED 12.06.2019 ANNEXURE A3 TRUE COPY OF THE FIR NO.148/19 DATED 19.05.2019 OF VAGAMON POLICE STATION,IDUKKI DISTRICT ANNEXURE A4 TRUE COPY OF THE FINAL REPORT IN CRIME NO.148/19.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the High Court can interfere at the threshold stage under Section 482 Cr.P.C to quash proceedings alleging offences under Sections 294(b), 323, 324, and 34 IPC.
2 provisions across 2 enactments
ELIAS
MINI
RAJU
STATE OF KERALA
STELIN
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court