The Kerala High Court dismissed a criminal miscellaneous application seeking to quash a protest complaint. The court held that under Section 202 Cr.P.C., the accused has no right to hearing at the pre-cognizance stage, and the police report is not sufficient grounds to quash the complaint.
Criminal Miscellaneous Case failed and was 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
THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942
Crl.MC.No.995 OF 2019(D)
CC 815/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAPPANA
PETITIONER/ACCUSED:
SALIM ABDULLA, AGED 65 YEARS, S/o V.ANNAMALAI PILLAI, RAHIM MANZIL HOUSE, EDAVETTY VALIYA JAVAN, EDAVETTY KARA, KARIKODE VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, KERALA-PIN-685588.
BY ADV. SHRI.ESM.KABEER
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 JAHIR HUSSAIN, AGED 45 YEARS, S/o SULTHAN, FAYAS MANZIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI DISTRICT, PIN-685515.
3 M.SYED KHAJA, AGED 68 YEARS, S/o MUHAIDEN PITCHAI RAWTHER, FAYAS MANZIL HOUSE, MAITHEEN AANDAVARAPURAM STREET, CUMBAMMMETTU ROAD, CUMBUM, UDAMAPALAYAL TALUK, THENI DISTRICT, TAMILNADU-PIN-625516.
R2-3 BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.10.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.995 of 2019
2
ORDER
The protest complaint sought to be quashed on the ground that a refer report was submitted by the police after investigation. The Magistrate took cognizance under Section 202 Cr.P.C based on the protest complaint. The accused has no right of hearing at the pre-cognizance stage under Section 202 Cr.P.C and right will accrue only when process is issued under Section 204 Cr.P.C. The submission of earlier report by the Police is not a sufficient ground to quash the protest complaint.
Crl.M.C. fails, dismissed.
Sd /-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.995 of 2019
3
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE | 1 | TRUE COPY OF THE LEGAL NOTICE DATED 17.09.2015 SEND BY THE PETITIONER AGAINST 3RD RESPONDENT. |
|---|---|---|
| ANNEXURE | 2 | TRUE COPY OF THE PLAINT IN O.S.NO.39/2015 FILED BY THE PETITIONER DATED 1.10.2015 BEFORE THE HON'BLE SUB-COURT, KATTAPPANA. |
| ANNEXURE | 3 | TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT FILED DATED 24.05.2018. |
| ANNEXURE | 4 | TRUE COPY OF THE C.M.P.NO:5720/2015 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE FIRST CLASS MAGISTRATE COURT-I, KATTAPPANA. |
| ANNEXURE | 5 | TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO:1371/2015 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT DATED 28.10.2015. |
| ANNEXURE |
6 |
TRUE COPY OF THE FINAL REPORT FILED BY THE INVESTIGATING OFFICER DATED 28.07.2016 IN CRIME No.1371/2015 OFKATTAPPANA POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KATTAPPANA. |
| ANNEXURE | 7 | TRUE COPY OF THE C.M.P.NO.178/2018 FILED BY THE 2ND RESPONDENT DATED 27.01.2017. |
| ANNEXURE | 8 | TRUE COPY OF THE ORDER IN C.M.P.178/2018 DATED 18.12.2018 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KATTAPPANA. |
| ANNEXURE | 9 | TRUE COPY OF THE SUMMONS ISSUED BY THE JFCM-1 KATTAPPANA IN C.C.NO:815/2018. |
| RESPONDE | **NTS' ** | ANNEXURE: NIL |
// TRUE COPY //
P.A. TO JUDGE
3 issues framed by the court
Whether a protest complaint sought to be quashed on the ground that a final report was submitted by the police after investigation.
Whether the accused has a right of hearing at the pre-cognizance stage under Section 202 Cr.P.C.
Whether the submission of an earlier report by the Police is a sufficient ground to quash the protest complaint.
2 provisions across 1 enactments
SALIM ABDULLA
STATE OF KERALA
JAHIR HUSSAIN
M.SYED KHAJA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
