The Court dismissed a petition seeking to quash criminal FIR and complaint alleging offences under Sections 448, 506(1), 294(b), and 427 IPC. The Court held that delay in FIR registration is a ground of defence at trial, not for quashing under Section 482 Cr.P.C.
Petition to quash FIR and complaint dismissed.
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.8959 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 932/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMANGALAM
CRIME NO.858/2014 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE
PETITIONERS:
S/O. AYMADUKUTTY, AGED 46 YEARS, PARAKKAPURAYIL HOUSE, ELLATTIL PO., KOTTUVALLY, KOZHIKODE DISTRICT.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENTS:
REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682 031
R1, R3 BY ADV. SMT.S.KARTHIKA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2020, ALONG WITH Crl.MC.4452/2016, Crl.MC.437/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8959 OF 2016 2
ORDER
FIR and the final report alleging offence under Sections 448,506(1),294(b),427, r/w 34 of IPC sought to be quashed by the accused Nos.1 to 3 on the ground that there is a delay in registering the FIR and the complaint itself is a false one. The delay in registering the FIR may be a ground of defence at the proper stage of the proceedings, but, the same cannot be a ground of attack under Section 482 Cr.P.C. The next contention that it is only a false case requires consideration by the Trial Court by evidence. The present Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.8959 OF 2016 3
APPENDIX OF Crl.MC 8959/2016
PETITIONER'S/S EXHIBITS:
ANNEXURE A: THE TRUE COPY OF THE FIR IN CRIME 858/14 ANNEXURE B: THE TRUE COPY OF THE FINAL REPORT IN CC NO932/15
ANNEXURE C: THE TRUE COPY OF THE COMPLAINT
ANNEXURE D: THE TRUE COPY OF THE CERTIFIED COPY OF THE FIR
ANNEXURE E: THE TRUE COPY OF THE OS.151/14 BEFORE THE HON'BLE SUBORDINATE JUDGE, THIRUVANANTHAPURAM
ANNEXURE F: THE TRUE COPY OF THE COMPLAINT AND FIR IN CC 1071/14
ANNEXURE G: THE TRUE COPY OF THE FINAL REPORT IN CC NO.1071/14
ANNEXURE H: THE TRUE COPY OF THE COMPLAINT & FIR IN CRIME NO.440/14
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether delay in registering FIR can be ground for quashing proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
Abdul Shukoor
Muhammed Ashar
Shjukumar
State of Kerala
Nissar Noorudheen
P.Somajajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
