V.Ramakrishnan v. Balakrishnan
Case brief
What is this about?
The High Court of Kerala quashed the FIR registered against an advocate accusing him of misconduct after a 10-year delay, holding the complaint an abuse of process.
What did the court decide?
FIR registered and further proceedings against accused No. 4 are quashed without prejudice to the right of investigation against remaining accused.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
Crl.MC.No.4563 OF 2015
CRIME NO.788/2014 OF Town North Police Station, Palakkad
PETITIONER/ACCUSED No.4:
V.RAMAKRISHNAN AGED 73 YEARS ADVOCATE, S/O. K.R.VELAYUDHAN, DAYA, WEST YAKKARA ROAD, PALAKKAD-14.
BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 BALAKRISHNAN
AGED 58 YEARS S/O. U.PONNUKUTTY, DOOR NO. 43/140(NEW) KIZHAKKEVEEDU, NEAR WATER TANK, MOOTHAMTHARA, PALAKKAD-678004.
Issues for consideration
2 issues framed by the court
Whether the registration of FIR against the petitioner is liable to be quashed due to long inaction and abuse of process.
Whether the allegations of fabrication and misappropriation made after ten years are credible without contemporaneous verification.
Parties & counsel
- petitioner
V. RAMAKRISHNAN
- respondent
BALAKRISHNAN
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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