Dismissed

G. Ramachandran Achari v. the State of Kerala

Kerala HC8 Mar 2021Crl.MC/6523/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal miscellaneous petition filed by a defacto complainant seeking direction for further investigation on a referred charge. The court held that the matter involved a civil dispute that was already decided in favour of the accused, which took away the very substratum of the case, rendering the petition devoid of merit.

What did the court decide?

The criminal miscellaneous petition seeking direction for further investigation under Section 156(3) Cr.P.C. was dismissed.

G. Ramachandran Achari Vs the State of Kerala — Criminal Trial and Appeal | 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 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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Crl.MC.No.6523 OF 2013(G)

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CRIME NO.463/2011 OF KOTTARAKKARA POLICE STATION, KOLLAM

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PETITIONER/COMPLAINANT:

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G. RAMACHANDRAN ACHARI, INDEEVARAM, MUTTARA, ODANAVATTOM, KOTTARAKKARA.

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BY ADVS. SHRI.V.PREMCHAND SRI.V.TEKCHAND

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RESPONDENTS/ACCUSED:

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

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2 THE DEPUTY SUPERINTENDENT OF POLICE KOTTARAKKARA.

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3 THE SUB INSPECTOR OF POLICE KOTTARAKKARA.

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4 RADHAMONY, PARVATHY VILASAM, AMBALAPURAM MURI, KOTTARAKKARA.

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5 MUKESH

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PARVATHI VILASAM, AMBALAPPURAM MURI, KOTTARAKKARA.

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6 MAHESH PARVATHI VILASAM, AMBALAPURAM MURI, KOTTARAKKARA.

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PUBLIC PROSECUTION SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.6523 OF 2013(G) 2

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ORDER

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The defacto complainant came up seeking

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direction for further investigation on a referred charge. The private complaint filed before the Magistrate alleging offence under Sections 143,147,149,447,427,379,506(1) of IPC as against respondents 4 to 6 referred under Section 156 (3)

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Cr.P.C. for investigation. After investigation, a referred charge was submitted in the year 2011. Instead of filing a protest complaint, the petitioner unauthorizedly came up with an application under Section 482 Cr.P.C. in the year 2013 and thereby dragged respondents 4 to 6, who are the accused Nos.1 to 3 in the complaint for a

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long period of seven years. What is involved is a civil dispute. The learned prosecutor fairly submitted that the civil suit was also answered and decreed by the Trial Court and First Appellate

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Court in favour of respondents 4 to 6. This will

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Crl.MC.No.6523 OF 2013(G) 3

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take away the very substratum of the case alleged

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against respondents 4 to 6.

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Crl.M.C. is hence dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.No.6523 OF 2013(G) 4

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APPENDIX

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PETITIONER'S/S ANNEXURES:

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EXHIBIT I	TRUE COPY OF THE DATED 4-3-2011.	FIRST INFORMATION REPORT
EXHIBIT II	TRUE COPY OF THE OF THE PETITIONER	STATEMENT DATED 4-3-2011
EXHIBIT III	TRUE COPY OF THE RESPONDENT DATED	STATEMENT OF THE 4TH 24-3-2011.
EXHIBIT IV	TRUE COPY OF THE SUBMITTED BY THE OF POLICE, KOTTAR	REPORT DATED 20-6-2011 ADDITIONAL SUB INSPECTOR AKKARA.
EXHIBIT V	TRUE COPY OF THE MINI LORRY BEARIN	STATEMENT OF THE DRIVER OF G NO. KL-2-U-2900.
EXHIBIT VI	TRUE COPY OF THE BEFORE THE DEPUTY KOTTARAKKARA.	PETITION DATED 23-9-2011 SUPERINTENDENT OF POLICE,

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RESPONDENTS ANNEXURES:NIL

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//TRUE COPY//

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P.A. TO JUDGE

G. Ramachandran Achari v. the State of Kerala

Case brief

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G. Ramachandran Achari v. the State of Kerala

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