Dismissed

V.R.Suresh v. the State of Kerala

Kerala HC29 Mar 2021Crl.MC/3082/2019

Case brief

AI extract

What is this about?

The High Court of Kerala addressed a criminal miscellaneous case challenging the submission of a supplementary report under Section 173(8) Cr.P.C. distinguishing a Supreme Court decision as unsettled by a larger Apex Court Bench, hence dismissing the petition.

What did the court decide?

The criminal miscellaneous case was dismissed without prejudice to the right of parties to maintain a discharge petition.

V.R.Suresh Vs the State of Kerala — Civil Procedure and Limitation | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

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Crl.MC.No.3082 OF 2019(E)

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CP 4/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA

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CRIME NO.1282/2014 OF POOCHAKKAL POLICE STATION, ALAPPUZHA

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PETITIONER/ACCUSED No.2:

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Mr. V.R.SURESH, AGED 58 YEARS,

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S/o LATE C.K. RAGHAVAN VAIDYAR, WARD No.11, VELIYIL HOUSE, C.K.V.HOSPITAL, POOCHAKKAL P.O., PIN-688 526

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BY ADVS.SRI.S.SREEKUMAR (SR.)

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SRI.P.MARTIN JOSE

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SRI.P.PRIJITH

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SRI.THOMAS P.KURUVILLA

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RESPONDENTS:

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1 THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 MR. ASOKAN, S/o PRABHAKARAN, PADINJARE KARAKATT HOUSE, WARD No.12, PANAVALLY, POOCHAKKAL P.O., PIN 688 526

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R2 BY ADV. SRI.A.N.RAJAN BABU R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3082 of 2019

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ORDER

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This Crl.M.C. is against the submission of a

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supplementary report under Section 173(8) Cr.P.C. by impleading accused No.2 in the array. It was challenged based on the earlier decision rendered by the Apex

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Court in Amrutbhai Shambhubai Patel v. Sumanbhai Kantibhai Patel [2017 (1) KLT 707 (SC)] . It was unsettled by a larger Bench of the Apex Court in

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Vinubhai Haribhai Malaviya and Others v. State of

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Gujarat and Another [2019 (5) KHC 352] . Hence, there is no merit in the Crl.M.C. The Crl.M.C. is dismissed without prejudice to the right of parties to take up all their remedies including the right to maintain a discharge petition, if so advised.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.No.3082 of 2019

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A TRUE COPY OF FINAL REPORT DATED 18.8.2015 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA

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ANNEXURE B TRUE COPY OF C.M.P.NO 1542 OF 2016 DATED 22.2.2016 FILED BY THE 2D RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURTII CHERTHALA ANNEXURE C TRUE COPY OF PROCEEDING SHEET OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II CHERTHALA IN C.P.NO 4 OF 2016 ANNEXURE D TRUE COPY OF THE FINAL REPORT DATED 28.3.2018 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

V.R.Suresh v. the State of Kerala

Case brief

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V.R.Suresh v. the State of Kerala

Case brief

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