In a criminal miscellaneous petition, the High Court of Kerala quashed an FIR registered under Section 120(o) of the Kerala Police Act, 2011. The Court held the registration was barred due to the lack of a cognizable offence and non-compliance with statutory requirements.
FIR registered under Section 120(o) of Kerala Police Act, 2011 was quashed.
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
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
Crl.MC.No.2977 OF 2020(B)
CRIME NO.1715/2020 OF KODUNGALLUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED:
SUNDARAN, AGED 54 YEARS, S/O. RAMAN, RESIDING AT PETTIKKATTIL HOUSE, LOKAMALLESWARAM, KODUNGALLOOR P.O., PIN-680664,LICENSEE RATION SHOP NO.ARD 202, KODUNGALLUR TALUK, KODUNGALLUR, THRISSUR DISTRICT.
BY ADVS. SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SRI.PRAJIT RATNAKARAN SHRI. RAJ CAROLIN V.
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER, KODUNGALLUR POLICE STATION, THRISSUR-680664.
3 AKRAM P.A., POOVATHINGAL HOUSE, P.O. AZHEEKODE JETTY, AZHEEKODE, KODUNGALLOOR, THRISSUR-680666.
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2977 OF 2020(B) 2
ORDER
FIR was registered for the non-cognizable offence under Section 120(o) of Kerala Police Act, 2011, without the juncture of a cognizable offence and the compliance of statutory requirement and hence, barred. The crime registered against the petitioner is hereby quashed. The Crl.M.C. is allowed accordingly.
Sd/P.SOMARAJAN JUDGE
msp
Crl.MC.No.2977 OF 2020(B) 3
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 TRUE COPY OF THE IN CRIME NO.1715/2020 OF KODUNGALLUR POLICE STATION.
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether an FIR registered for the non-cognizable offence under Section 120(o) of Kerala Police Act, 2011 without a cognizable offence is barred.
1 provisions across 1 enactments
Sundaran
The State of Kerala
Akram P.A.
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
