Petitioner quash final report for cheating, forgery, and joint acts regarding vehicle alteration. Court held lack of scientific evidence is a defense, not a ground for quashing under Section 482 Cr.P.C.; application dismissed.
Crl.M.C. No. 3094 of 2016(F) dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
Crl.MC.No.3094 OF 2016(F)
AGAINST THE ORDER/JUDGMENT IN CC 119/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT(TEMPORARY), PARAVUR
CRIME NO.428/2013 OF CHATHANNOOR POLICE STATION, KOLLAM
PETITIONER/2nd ACCUSED:
SANTHOSH, S/O.SREEDHARAN, AGED 52 YEARS,PRINCE NIVAS, MAMPALLIKUNNAM CHERRY,NEAR CHATHANNOOR JUNCTION, MEENADU VILLAGE,KOLLAM DISTRICT.
BY ADVS. SRI.K.SIJU SRI.S.ABHILASH SMT.S.SEETHA
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,CHATHANNOOR POLICE STATION, KOLLAM DISTRICT REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3094 OF 2016(F) 2
ORDER
Accused No.2 came to quash the final report submitted under Sections 420, 468 and 471 and 34 of IPC. It is in connection with the alteration made over an old vehicle by changing the engine number and the registration number so as to get permit to use the vehicle in connection with conduct of a driving school. The accused No.1, father, passed away during investigation. As such, final report was submitted as against the son, accused No.2. It is submitted that no scientific evidence was collected by the investigation. It is a matter of defence available to the party concerned, as such cannot be a ground of attack under Section 482 Cr.P.C.. Without prejudice to the right of parties to maintain a discharge petition, if so advised and to take up all other defences at the various stages of proceedings, Crl.M.C. is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.3094 OF 2016(F) 3
APPENDIX
PETITIONER'S/S ANNEXURES:
ANNEXURE-1: THE COPY OF FIR IN CRIME NO.428/2013 OF CHATHANNOOR POLICE STATION. ANNEXURE-2: THE COPY OF SEIZURE MAHAZAR.
ANNEXURE-3: THE COPY OF THE SCENE MAHAZAR.
ANNEXURE-4: THE COPY OF FINAL REPORT IN CRIME NO.428/2013 OF CHATHANNOOR POLICE STATION.
ANNEXURE-5: THE COPY OF LICENSE OF THE DRIVING SCHOOL IN FAVOUR OF THE 1ST ACCUSED.
ANNEXURE-6: THE COPY OF LICENSE ISSUED IN FAVOUR OF THE PETITIONER.
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether lack of scientific evidence regarding engine and registration number alteration can be a ground to quash final report under Section 482 Cr.P.C.
5 provisions across 2 enactments
SANTHOSH, S/O.SREEDHARAN
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
