Petitioners sought quashing of an FIR alleging IPC and SC/ST (POA) offences. The Court dismissed the application as not the proper stage under Section 482 Cr.P.C. while investigation was ongoing.
The Crl.M.C. is dismissed without prejudice to the right of the petitioners to agitate the issue as and when required.
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 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943 CRL.MC NO. 2995 OF 2021
CRIME NO.527/2017 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT
PETITIONER/ACCUSED NOS. 1 TO 6:
CHANDRASENAN AGED 64 YEARS, S/O. NEELAKANDAN, CHARUVILA HOUSE, MANAMBOOR VILLAGE, KANNARAKONAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
SAJI @ LAL, AGE 46, S/O. KAMALASANAN, BHAVANI VIALSOM, MANAMBOOR VILLAGE, KANNARAKONAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
BINU, AGED 33, SLO. VIJAYAN PILLA, KUNNIRUVILA HOUSE, MANAMBOOR VILLAGE, KANNARAKONAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
PRASANNA, AGE 60, W/O. SIVADASAN, PRAHLAD HOUSE, PARAVILAKATHU, MANAMBOOR VILLAGE, KANNARAKONEAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
SAJEEV @ JOHNI, AGE 53, S/O. SOMAN, SACHIN NIVAS, MANAMBOOR VILLAGE, KANNARAKONAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
GIRIJA, AGE 50, W/O. SAJEEV, SACHIN NIVAS, MANAMBOOR VILLAGE,KANNRAKONAM, THOPPICHANTHA, THIRUVANANTHAPURAM DISTRICT.
BY ADV SHAJIN S.HAMEED
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031.
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CRL.MC NO. 2995 OF 2021
LEELA, AGE 48, D/O. NALINI, THADATHIL PUTHEN VEEDU, KANNARAKONAM DESOM, THOPPICHANTHA, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN 695 102.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.MC NO. 2995 OF 2021
ORDER
The petitioners who were arrayed as accused Nos.1 to 6 in the FIR registered on the allegation of offences under Section 143, 147, 148, 447, 427, r/w 149 IPC and Section 3(1)(f) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, came up to quash the same on the ground that the case is a false one.
the matter, it is not the proper stage to
CRL.MC NO. 2995 OF 2021
exercise the jurisdiction under Section 482 Cr.P.C.
Without prejudice to the right of petitioners to agitate the issue as and when required, the present Crl.M.C. will stand dismissed.
Sd/-
P.SOMARAJAN
JUDGE
SPV
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CRL.MC NO. 2995 OF 2021
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE A CERTIFIED COPY OF THE FIR IN SCRIM NO.527/2017 OF KADAKKAVOOR POLICE STATION ANNEXURE B PHOTOCOPY OF THE PLAINT IN O.S.NO.203/2017 NOW PENDING BEFORE THE MUNSIFF COURT, VARKALA
ANNEXURE C PHOTOCOPY OF THE INTERIM ORDER OF INJUNCTION IN I.A.NO.1376/2017 OF THE HONORABLE ADDITIONAL DISTRICT COURT-IV (VACATION COURT), THIRUVANANTHAPURAM DATED 05.05.2017. ANNEXURE D PHOTOCOPY OF THE ADVOCATE COMMISSION REPORT DATED 18.05.20.17 IN O.S.NO.203/2017 BEFORE THE DISTRICT COURT (VACATION). THIRUVANANTHAPURAM. ANNEXURE E PHOTOCOPY OF THE PLAINT IN O.S.NO.207/017 FILE BY THE 2ND RESPONDENT BEFORE THE MUNSIFF COURT, VARKALA.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the Crl.M.C. to quash the FIR under Section 482 Cr.P.C. was maintainable.
3 provisions across 3 enactments
CHANDRASENAN
STATE
LEELA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
