Allowed

K.J.Thomaskutty v. State of Kerala

Kerala HC12 Nov 2020Crl.MC/859/2020

Case brief

AI extract

What is this about?

A criminal miscellaneous case to quash a crime registration under Section 188 IPC and Sections 3 and 5 of the Explosive Substances Act. The court held that mere violation of a court order is not an offence, and registration of crime for such violation is an abuse of the process of court liable to be quashed.

What did the court decide?

The Criminal Misc. Case (Crl.MC.No.859 of 2020(F)) is allowed, implying quashing of the crime registration.

K.J.Thomaskutty Vs State of Kerala — Criminal Trial and Appeal | 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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THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942

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Crl.MC.No.859 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CP 89/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEYYATINKARA

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CRIME NO.803/2012 OF Nemom Police Station , Thiruvananthapuram

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PETITIONER/1ST ACCUSED:

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K.J.THOMASKUTTY KANNAMTHANATHU VEEDU, VADASSERIKKARA, RANNI PATHANAMTHITTA.

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BY ADVS. SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.GEORGE A.CHERIAN SRI.LEO LUKOSE SMT.SUZANNE KURIAN SHRI.AMAL AMIR ALI

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION).

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2 SAJEEV, S/O VELU, HOUSE NO 101, MOOKUNNIMALA, PALLICHAL, THIRUVANANTHAPURAM-695 020

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R1 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.859 OF 2020(F)

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ORDER

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Crime was registered and final report was

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submitted alleging offence under Section 188 r/w Section 34 IPC and Sections 3 and 5 of the Explosive Substances Act, 1908. The petitioner is

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the licence holder for possessing explosive

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substances and to conduct quarrying work. Annexure A1 is the licence. Crime was registered on the allegation that the order passed by this Court was subsequently violated by conducting blasting works. For the violation of an order of court, unless it constitutes by itself an offence punishable under any of the penal provision, no crime can be registered. Mere violation of the order of court will not constitute the offence of Section 3 or 5 of the Explosive Substances Act,

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1908 or under Section 188 of IPC, unless the

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violation itself constitutes the above said

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offences by its nature. If it is a mere violation of the order or direction of the court, they

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should be dealt with differently as per the

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Crl.MC.No.859 OF 2020(F)

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provision dealing with violation of the court order. Registration of crime only on the ground of violation of the order of the court for the said offence hence will not stand. It would be an abuse of the process of court, liable to be quashed. I do so.

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The Crl.M.C. is allowed.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.859 OF 2020(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TRUE COPY OF THE DATED 11.3.2010 V	EXPLOSIVE LICENSE ALID TILL 31.3.2015
ANNEXURE A2	TRUE COPY OF THE CRIME NO 803/2012 STATION	FIR DATED 22.5.2012 IN OF NEMAM POLICE
ANNEXURE A3	CERTIFIED COPY OF CRIME NO 803/2012 STATION	THE FINAL REPORT IN OF NEMAM POLICE

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

K.J.Thomaskutty v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.J.Thomaskutty v. State of Kerala

Case brief

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What did the court decide?

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