The Court quashed a crime registration based on a police report under Section 156(3) Cr.P.C., holding that no cognizable offence was disclosed in the civil matter concerning breach of sale contract for immovable property.
Crime registered on basis of report under Section 156(3) Cr.P.C. is quashed; Criminal Misc. Case allowed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
Crl.MC.No.4388 OF 2020(G)
CRIME NO.1156/2020 OF MAVELIKKARA POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED NO.1 TO 3:
3 AKASH, AGED 27 YEARS, S/O ASHOKAN, SAGARAM HOUSE, KAITHA SOUTH, KANNAMANGALAM, MAVELIKKARA-PIN-690106.
BY ADV. SRI.N.K.MOHANLAL
RESPONDENTS/COMPLAINANT NO.1/DEFACTO COMPLAINANT NO.2:
1 SUB INSPECTOR OF POLICE MAVELIKKARA POLICE STATION, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690101.
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
3 M.K. RAJENDRAN PILLAI, AGED 60 YEARS, RAJAVALSAM HOUSE, KYPPUZHA, PATHANAMTHITTA, PIN-689503.
R3 BY ADV. SRI.ARUN CHANDRAN
PUBLIC PROSECUTOR - SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4388 OF 2020(G) 2
ORDER
The power under Section 156(3) Cr.P.C. can be exercised only if cognizable offence is disclosed. It can be done only at the pre-cognizance stage, i.e. before taking cognizance under Sections 190 and 200 Cr.P.C. In other words, unless there is disclosure of a cognizable offence, a reference under Section 156(3) Cr.P.C. cannot be ordered. The learned Magistrate without satisfying disclosure of a cognizable offence, a reference under Section 156(3) Cr.P.C. was ordered, which has resulted in registration of a crime with respect to breach of an obligation arising out of a contract for sale of immovable property. Hence the crime registered is hereby quashed. Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.4388 OF 2020(G) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF FIR DATED 22.09.2020 ISSUED BY THE MAVELIKKARA POLICE STATION. ANNEXURE A2 A TRUE COPY OF FIR NO.1156/2020 DATED 22.09.2020 OF MAVELIKKARA POLICE STATION. ANNEXURE A3 A TRUE COPY OF PRIVATE COMPLIANT CMP 1785/2020 OF JFCM COURT, MAVELIKKARA.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether a reference under Section 156(3) Cr.P.C. can be ordered without disclosure of a cognizable offence.
Whether registration of a crime for breach of contract for sale of immovable property was valid.
2 provisions across 1 enactments
ASHOKAN AND ORS
STATE OF KERALA AND ORS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
