The High Court of Kerala allowed a Criminal Miscellaneous case to quash the FIR and attached final reports registered without a mandatory written order under Section 199 Cr.P.C. for offences under Sections 500 and 501 IPC.
Quashing of the crime, final report submitted, and its further proceedings.
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 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
Crl.MC.No.2183 OF 2015(B)
AGAINST THE ORDER/JUDGMENT IN CC 3047/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM
CRIME NO.330/2014 OF Poonthura Police Station , Thiruvananthapuram
PETITIONER/ACCUSED NO.2:
JOHN BRITAS MANAGING DIRECTOR, KAIRALI PEOPLE CHANNEL, MALAYALAM COMMUNICATION, THIRUVANANTHAPURAM
BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN
RESPONDENTS/COMPLAINANT:
1 ABDUL SALAM AGED 38 YEARS S/O. MUHAMMEDALI, RESIDING AT T.C.46/921(1), MANIKKAVILAKAM WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2183 OF 2015(B)
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ORDER
Without a written complaint as mandated under Section 199 Cr.P.C., crime was registered by the Station House Officer, Poonthura Police Station. After investigation final report was submitted for the offence under Sections 500, 501, 506 & 34 IPC. Section 506 IPC is a non-cognizable offence. The crime registered for the offence under Sections 500 and 501 will not stand due to
noncompliance of requirement under Section 199
Cr.P.C.. Hence, if it is proceeded further, it will not serve any purpose. Crime registered, final report submitted and its
further proceedings are hereby quashed.
Crl.M.C. is allowed accordingly.
Sd/P.SOMARAJAN JUDGE
SPV
Crl.MC.No.2183 OF 2015(B)
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APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE A | TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION |
|---|---|
| ANNEXURE B | TRUE COPY OF THE F.I.R. IN CRIME NO.330/2014 OF POONTYHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT |
| ANNEXURE C | TRUE COPY OF THE FINAL REPORT IN CRIME |
| NO. 330/2014 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT |
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether proceedings under Sections 500, 501 IPC can continue without a written referral under Section 199 Cr.P.C.
2 provisions across 2 enactments
John Britas
Abdul Salam
State of Kerala
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
