Dismissed

Manikuttan @ Manikandan v. State of Kerala

Kerala HC5 Oct 2020Crl.MC/7083/2014

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the criminal miscellaneous petition seeking to quash an FIR and a Magistrate’s order under Section 107 and 111 Cr.P.C. The court held that inherent jurisdiction under Section 482 Cr.P.C. cannot be invoked as Section 116(6) Cr.P.C. is a mixed question, and quashing was impermissible as regular remedies were unexhausted.

What the court decided

AI extract

Manikuttan @ Manikandan Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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MONDAY, THE 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942

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Crl.MC.No.7083 OF 2014

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AGAINST THE ORDER/JUDGMENT IN MC 318/2013 OF SUB.DVL.MAGISTRATE,KOLLAM

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CRIME NO.22/2013 OF Sasthamcotta Police Station , Kollam

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PETITIONER/ACCUSED:

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MANIKUTTAN @ MANIKANDAN

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ALAYIL KIZHAKKATHIL, MANAKKARA MURI, SASTHAMCOTTA, KOLLAM DISTRICT.

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BY ADV. SRI.SUBHASHCHANDRA BOSE

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031

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2 JAYACHANDRAN PILLAI

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TRAFFIC S.I, KOTTARAKKARA, FORMERLY S.I OF POLICE, SASTHAMCOTTA -690 521

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BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.7083 OF 2014

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ORDER

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Annexure A 20 FIR registered under Section 107 Cr.P.C. and Annexure A21 order passed

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under Section 111 Cr.P.C. are sought to be

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quashed on two grounds : (i) Enquiry was not completed within six months and as such the proceedings would stand terminated under Section 116 (6) Cr.P.C. (ii) There is no

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sufficient ground to proceed against accused under Section 107 Cr.P.C.

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Section 116 (6) Cr.P.C. says that if

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the enquiry not completed within six months

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from the date of its commencement, on the

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expiry of the said period, the proceedings

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would stand terminated, unless for special

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reason to be recorded in writing or the Magistrate otherwise directs. It is really a

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mixed question of law and fact and hence jurisdiction under Section 482 Cr.P.C. cannot

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Crl.MC.No.7083 OF 2014

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be invoked.

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Regarding the second ground, the prayer is to quash the order passed under Section 111 Cr.P.C. by the Magistrate (Annexure 21). The said order was passed by the Magistrate by considering its merits and demerits. The regular remedy available to the accused was not exhausted. It is not permissible to usurp the powers of an appellate court or a revisional court under Section 482 Cr.P.C. As

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such, Crl.M.C. fails, dismissed, without prejudice to the right of the accused to agitate his grievance and to raise defence available, at any stage of proceeding.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.7083 OF 2014

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APPENDIX

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PETITIONER'S/S EXHIBITS

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ANNEXURE-I	TRUE COPY OF THE LETTER RECEIVED BY HIM FORM THE SECRETARY OF PTA DATED 22.06.12.
ANNEXURE-II	TRUE COPY OF THE LETTER DATED 09.12.12 ADDRESSED TO THE SUB GROUP OFFICER, SREE DHARMA SASTHA TEMPLE.
ANNEXURE-III	TRUE COPY OF THE COMPLAINT SUBMITTED BY THE KUNNATHUR REGIONAL SECRETARY OF BHARATHIYA MAZDOOR SANGH BEFORE THE DISTRICT COLLECTOR, KOLLAM DATED 16.01.13.
ANNEXURE-IV	A TRUE COPY OF THE INVITATION LETTER ISSUED TO THE PETITIONER INFORMING ABOUT THE MEETINGS OF THE REPRESENTATIVES ON 29.11.09.
ANNEXURE-V	A TRUE COPY OF THE REPRESENTATION DATED 24.11.12 WITH COPY TO ALL AUTHORITIES.
ANNEXURE-VI	A TRUE COPY OF THE REPRESENTATION DATED 04.01.13 FILED BEFORE THE DISTRICT SUPERINTENDENT OF POLICE.
ANNEXURE-VII	A TRUE COPY OF THE FIR IN CRIME NO. 22 OF 2013 OF THE SASTHAMCOTTA POLICE STATION.
ANNEXURE-VIII	TRUE COPIES OF THE INTERIM ORDERS PASSED BY THE HON'BLE COURT IN WPC NO. 5349/2013 DATED. 16.01.14, 26.2.13, 01.8.13.
ANNEXURE-IX	A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE HIGH COURT OF WPC NO.5349/2013 DATED 17.02.14.
ANNEXURE-X	A TRUE COPY OF THE REPORT NO. 73/2013 OF THE DEVASWOM BOARD OMBUDSMAN DATED- 06.2013.
ANNEXURE-XI	TRUE COPIES OF SOME OF THE ORDERS PASSED IN DBP NO. 61/2013 DT. 08.7.13, 09.09.13, 12.9.13, 25.9.13, 19.12.13,

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Crl.MC.No.7083 OF 2014

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	03.1.14 AND 24.1.14 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM.
ANNEXURE-XII	A TRUE COPY OF THE FIR AND THE COMPLAINT IN CRIME NO. 327/2013 BEFORE THE SASTHAMCOTTA POLICE STATION.
ANNEXURE-XIII	A TRUE COPY OF THE FIR AND COMPLAINT IN CRIME NO. 306/2013.
ANNEXURE-XIV	A TRUE COPY OF THE NOTARIZED AFFIDAVIT OF THE SMT. PRASANNA.
ANNEXURE-XV	A TRUE COPY OF THE JUDGMENT IN WPC NO. 26045/2013 DATED 08.1.14 BEFORE THE HON'BLE HIGH COURT OF EKRALA AT ERNAKULAM.
ANNEXURE-XVI	A TRUE COPY OF THE COMPLAINT FILED BEFORE THE KOTTARAKARA RURAL SP DATED 25.04.13.
ANNEXURE-XVII	A TRUE OCPY OF THE FIR IN CRIME NO. 840/13.
ANNEXURE-XVIII	A TRUE COPY OF THE FIR IN CRIME NO. 105/13 REGISTERED ON THE COMPLAINT OF NIRMALA DEVI.
ANNEXURE-XIX	A TRUE COPY OF THE COMPLAINT DATED 26.2.13 FILED BREORE THE SASTHAMCOTTA CIRCLE INSPECTOR.
ANNEXURE-XX	A TRUE COPY OF THE FIR IN CRIME NO. 908/13 FILED BRFORE THE SUB DIVISIONAL MAGISTRATE, KOLLAM DATED 25.5.13.
ANNEXURE-XXI	A TRUE COPY OF THE ORDER ISSUED UNDER SECTION 111 CR. PC IN 318 OF 2013 DT. 19.8.13.
ANNEXURE-XXII	A TRUE COPY OF THE ORDER DATED 27.10.14 IN DBP NO. 61/2013 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM.
ANNEXURE-XXIII	A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 07.11.14
ANNEXURE-XXIV	A TRUE COPY OF THE AFFIDAVIT OF THE ADVOCATE WHO APPERARED FOR THE PETITIONER ON 06.12.14.

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Crl.MC.No.7083 OF 2014

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ANNEXURE-XXV A TRUE COPY OF THE APPLICATION FILED FOR OBTAINING THE COPY OF THE ORDER DATED 03.12.14. ANNEXURE-XXVI A TRUE COPY OF THE CERTIFIED COPY OF THE ORDER ISSUED IN PURSUANCE TO ANNEXURE XXV. ANNEXURE-XXVII TRUE COPIES OF THE PHOTOGRAPHS OF THE GOLDEN FLAG MAST TAKEN ON 29.11.14.

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Manikuttan @ Manikandan v. State of Kerala

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Manikuttan @ Manikandan v. State of Kerala

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