This Criminal Misc. Case concerns the quashing of an FIR registered under Section 120(o) of KP Act and Section 153 IPC. The court held that registration without sanction was without jurisdiction and without offence ingredients, amounting to abuse of process.
The FIR and proceeding complained against are quashed.
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
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
Crl.MC.No.6428 OF 2019(C)
CRIME NO.844/2019 OF PAYYANNUR POLICE STATION, KANNUR
PETITIONER/ACCUSED:
PRAKASH A.V., S/O. NEELAKANDAN, AGED 48 YEARS, KANAM, PAYYANNUR P.O., KANNUR DISTRICT.
BY ADVS. SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN SMT.SAIRA SOURAJ P.
RESPONDENT/COMPLAINANT/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2 T. HASHIM, S/O. ABDUL RAHMAN N.P., THAYYIL HOUSE, KOWVAI, (PRESIDENT, DYFI PAYYANNUR WEST BLOCK COMMITTEE), PAYYANNUR P.O., KANNUR DISTRICT-670307.
PUBLIC PROSECUTOR - SMT. M.N.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6428 OF 2019(C) 2
ORDER
FIR registered on the allegation of offence under Section 120(o) of KP Act and Section 153 of IPC. Subsequently final report was submitted for the abovesaid offences, without satisfying the ingredient which would constitute an offence under Section 153 IPC. No sanction was obtained for registering the crime under Section 120(o) of KP Act. Infact, it is an abuse of process by the concerned police officials, hence same is quashed. Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE
msp
Crl.MC.No.6428 OF 2019(C) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT AND REPORT IN CRIME NO.844/2019 OF PAYYANNUR POLICE STATION, KANNUR DATED 23/08/2019.
ANNEXURE A2 A TRUE COPY OF THE MESSAGE ALLEGEDLY FORWARDED BY THE PETITIONER.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the FIR registration without necessary sanction constitutes abuse of process.
Whether the final report submitted lacks ingredients constituting the offence under Section 153 IPC.
2 provisions across 2 enactments
Prakash A.V.
State of Kerala
T. Hashim
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
