Dismissed

Shobha v. S v State of Kerala

Kerala HC2 Feb 2021Crl.MC/4021/2018

Case brief

AI extract

What is this about?

The High Court, in a criminal miscellaneous petition filed under Section 482 Cr.P.C., sought to quash an FIR. The Court dismissed the petition but granted liberty to the petitioners to file a fresh petition if a final report is subsequently filed against them by the police.

What did the court decide?

Petition dismissed with liberty to file a fresh petition if a final report is filed against the petitioners.

Shobha v S Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

¶5

Crl.MC.No.4021 OF 2018(C)

¶6

[TO QUASH F.I.R. IN CRIME NO.1752 OF 2015 OF PEROORKADA POLICE STATION]

¶7

PETITIONERS/ACCUSED NOS.1 AND 2:

¶8

1 SHOBHA V S AGED 41 YEARS, W/O. AJITH KUMAR S.R., T.C. 11/1535-1, CLIFF HOUSE ROAD, KOWDIAR, MUSEUM, THIRUVANANTHAPURAM-695033.

¶9

2 AJITH KUMAR S.R. AGED 43 YEARS, T.C.11/1535-1, CLIFF HOUSE ROAD, KOWDIAR, MUSEUM, THIRUVANANTHAPURAM-695033.

¶10

BY ADVS.

¶11

SRI.G.P.SHINOD SHRI.AJIT G ANJARLEKAR SRI.GOVIND PADMANAABHAN

¶12

RESPONDENTS/COMPLAINANT AND STATE:

¶13

1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM.

¶14

2 M. SHAJIDHEEN AGED 62 YEARS, S/O. LATE MYTHEENPICHA, FLAT NO.A 8, MARVEL MASION, 1ST FLOOR, GOURESAPATTOM, PATTOM, MEDICAL COLLEGE, THIRUVANANTHAPURAM-695011.

¶15

R1 BY SR. GP-SRI. CHANDRASENAN D. R2 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

¶16

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

CRL.M.C.NO.4021 OF 2018 2

¶18

O R D E R

¶19

Dated this the 2^nd day of February, 2021

¶20

This is a petition filed under Section 482 of the Code of Criminal Procedure to quash the F.I.R. in Crime No.1752 of 2015 of Peroorkada Police Station.

¶21

2. After hearing both sides, according to me, this Crl.M.C. can be disposed of with a liberty to the petitioners to file a fresh petition if a final report is filed in Crime No.1752 of 2015 of Peroorkada Police Station. Investigation of the case need not be interfered by this Court, by invoking the power under Section 482 Cr.P.C.

¶22

Therefore, this Crl.M.C. is dismissed with liberty to the petitioners to file a fresh petition if a final report is filed against them by the Peroorkada Police in Crime No.1752 of 2015.

¶23

Sd/-

¶24

P.V.KUNHIKRISHNAN

¶25

JUDGE

¶26

pkk

¶27

CRL.M.C.NO.4021 OF 2018 3

¶28

APPENDIX

¶29

PETITIONER'S/S EXHIBITS:

¶30

ANNEXURE A A CERTIFIED COPY OF THE F.I.R IN CRIME NO.1752 OF 2015 REGISTERED IN PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. ANNEXURE B A TRUE COPY OF THE DEED OF SALE DATED 27.07.2017 PERTAINING TO THE SALE OF AN APARTMENT TO THE 2ND RESPONDENT. ANNEXURE C A TRUE COPY OF THE DEED OF SALE DATED 27.07.2017 PERTAINING TO THE SALE OF AN APARTMENT TO THE 2ND RESPONDENT'S WIFE. //TRUE COPY// SD/- P.S. TO JUDGE

Shobha v. S v State of Kerala

Case brief

What is this about?

What did the court decide?

Shobha v. S v State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Noushad K. Vs State of Kerala

Xxx Vs State of Kerala

Krishnaprasad @ Prasad Vs State of Kerala

Mukesh a. Vs State of Kerala

C N Sameer Vs Station House Officer City Traffic Police Station

Muhammad Ali Vs State of Kerala