Accused sought quashing of final report under Section 482 Cr.P.C citing delay and valid license. Single judge dismissed petition, noting court cannot usurp trial court's adjudicatory powers.
Crl.M.C. under Section 482 Cr.P.C to quash final report dismissed.
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
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
CRL.MC NO. 3616 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 194/1994 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD,
PETITIONER/ACCUSED No.1:
N.A.ABDUL RAHIMAN
AGED 61 YEARS S/O LATE ABDULLA HAJI, HOUSE.NO 151/21, CHENGALA GRAMA PANCHAYATH, ABDULLA HAJI COMPOUND, NAYANMARMOOLA, VIDHYANAGAR P.O.KASARAGOD DISTRICT
BY ADVS. T.M.SREEDHARAN (SR.) NISHA JOHN ALAN PRIYADARSHI DEV V.P.NARAYANAN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
2 THE FOREST RANGE OFFICER, RANGE OFFICE, KASARAGOD-671 001.
OTHER PRESENT:
SR.G.P.- SMT. SEETHA S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3616 OF 2021
2
O R D E R
Against the final report submitted, accused No.1 came up to quash the same on the ground that he is the Manager of a firm having a valid licence to possess sandal oil. The allegation against him is that on search, 5 barrels of sandalwood oil seized from the house of the accused. I nter alia it is contended that there is inordinate delay in filing the final report. All these may constitute valid defence to accused No.1, the petitioner herein. But this Court under Section 482 Cr.P.C cannot usurp the powers of trial court or appellate court so as to adjudicate the disputed issues. Without prejudice to the right of the parties to take up all the defences at the various stages of the proceedings, Crl.M.C is hereby dismissed.
Sd/-
P.SOMARAJAN
JUDGE
al/-
CRL.MC NO. 3616 OF 2021
3
APPENDIX OF CRL.MC 3616/2021
PETITIONER ANNEXURE
| Annexure A1 | TRUE COPY OF THE PRELIMINARY REPORT IN FORM A-1 DATED 22.9.2018 |
|---|---|
| Annexure A2 | CERTIFIED COPYO0F THE CHARGE SHEET IN OR 13/2018 (C2-705/93) DATED 24.11.2018 |
| Annexure A3 | TRUE COPY OF THE ORDER OF CJM KASARAGOD DATED 24.3.2021 IN CMP NO 242/2019 IN OR 13/2018 OF FOREST RANGE OFFICER, KASARAGOD. |
| Annexure A4 | TRUE COPY OF THE JUDGMENT DATED 19.4.2018 IN CIVIL APPEAL NO 1747/2008 OF THE HON'BLE SUPREME COURT OF INDIA |
| Annexure A5 | TRUE COPY OF THE PROCEEDINGS BEFORE THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CANNANORE DATED 26.7.1995 |
| Annexure A6 | TRUE COPY OF THE REPRESENTATION DATED 15.7.2002 MADE BY 2ND RESPONDENT BEFORE THE HON'BLE CJM COURT, KASARAGOD |
| Annexure A7 | TRUE COPY OF THE JUDGMENT IN OP NO 12310/1995 DATED 16.8.1995. |
2 issues framed by the court
Whether the High Court can quash the final report under Section 482 Cr.P.C considering defence of delay and licensing validity.
Whether the High Court can usurp trial court powers to adjudicate disputed issues regarding sandalwood seizure.
1 provisions across 1 enactments
N.A. ABDUL RAHIMAN
STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
