Partly allowed

Naveen Jose v. State of Kerala

Kerala HC26 Mar 2021Crl.MC/7271/2017

Case brief

AI extract

What is this about?

The High Court of Kerala held that omitting Sections 354 and 394 IPC from the FIR and final report when the offences were disclosed was a fatal mistake. The Court directed further investigation under Dy.S.P. supervision and stayed the trial court proceedings.

What did the court decide?

Direction to conduct further investigation under Dy.S.P. supervision regarding commission of Sections 354 and 394 IPC; Trial Court directed not to proceed until supplementary reports are submitted.

Naveen Jose Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2021)

¶1

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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FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

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Crl.MC.No.7290 OF 2017(A)

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AGAINST THE ORDER/JUDGMENT IN C.C.NO.182/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARAVUR

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CRIME NO.207/2017 OF VARAPPUZHA POLICE STATION, ERNAKULAM

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PETITIONER/DEFACTO COMPLAINANT:

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NAVEEN JOSE, AGED 40 YEARS, S/O.JOSE PADAMADAN, HOUSE NO.13/494, GODS GRACE, GOODWILL LANE, THUNDATHUMKADAVU, VARAPUZHA P.O., ERNAKULAM.

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BY ADVS. SRI.K.I.ABDUL RASHEED SMT.P.K.MINIMOLE

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RESPONDENTS/STATE & COMPLAINANT & ACCUSED 1 & 2:

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1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 THE SUB INSPECTOR OF POLICE VARAPUZHA POLICE STATION, VARAPUZHA, PIN-683517.

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3 THE SUPERINTENDENT OF POLICE ALUVA RURAL, ALUVA-683101.

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4 JOJI K.V. S/O.VARGHESE, KATTIPPARAMBIL HOUSE, VARAPUZHA, ERNAKULAM-683517.

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5 ANDREWS LUIS KADAVIL HOUSE, EDAMPADAM, VARAPUZHA P.O., ERNAKULAM683517.

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PUBLIC PROSECUTOR SRI.RAMESH CHAND, SRI.E.C.BINEESH

¶18

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.2021, ALONG WITH Crl.MC.7271/2017(H), WP(C).2300/2018(J), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.7290/2017 AND CONNECTED CASES 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

¶24

Crl.MC.No.7271 OF 2017

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AGAINST THE ORDER/JUDGMENT IN CC 243/2017 OF JUDL. FIRST CLASS MAGISTRATE COURT, NORTH PARAVUR

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CRIME NO.208/2017 OF VARAPPUZHA POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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NAVEEN JOSE, AGED 40 YEARS, S/O. JOSE PADAMADAN, HOUSE NO.13/494,GODS GRACE, GOODWILL LANE, THUNDATHUMKADAVU, VARAPUZHA P.O,ERNAKULAM.

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BY ADVS.

¶30

SRI.K.I.ABDUL RASHEED SMT.P.K.MINIMOLE

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RESPONDENTS/STATE & COMPLAINANT/CW1 & 2:

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1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682 031.

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2 THE SUB INSPECTOR OF POLICE VARAPUZHA POLICE STATION, VARAPUZHA, PIN - 683 517.

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3 THE SUPERINTENDENT OF POLICE ALUVA RURAL, ALUVA - 683 101.

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4 JOJI K.V, S/O. VARGHESE, KATTIPPARAMBIL HOUSE,VARAPUZHA, ERNAKULAM - 683 517.

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5 ANDREWS LUIS, KADAVIL HOUSE, EDAMPADAM, VARAPUZHA P.O, ERNAKULAM - 683 517.

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R1, R4 BY ADV. SRI.M.R.MADHU R1 BY ADV. SRI.M.VIVEK PUBLCI PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.2021, ALONG WITH Crl.MC.7290/2017(A), WP(C).2300/2018(J), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.7290/2017 AND CONNECTED CASES 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶41

PRESENT

¶42

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶43

FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

¶44

WP(C).No.2300 OF 2018

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PETITIONER:

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ALISHA SANI, AGED 23, D/O.JOSEPH SUNNY, AMBATT VEETTIL, CHENNOOR, KOTHAD P.O., ERNAKULAM, PIN-682027.

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BY ADV. SRI.K.I.ABDUL RASHEED

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 THE SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION, VARAPUZHA, PIN-683517.

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3 THE SUPERINTENDENT OF POLICE, ALUVA RURAL, ALUVA, PIN-683101.

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4 JOJI K.V. S/O.VARGHESE, KATTIPPARAMBIL HOUSE, VARAPUZHA, ERNAKULAM, PIN-683517.

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5 ANDREWS LUIS, KADAVIL HOUSE, EDAMPADAM, VARAPUZHA P.O., ERNAKULAM, PIN-683517.

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PUBLIC PROSECUTOR SRI.RAMESH CHAND

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2021, ALONG WITH Crl.MC.7271/2017(H), Crl.MC.7290/2017(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.MC.7290/2017 AND CONNECTED CASES 4

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JUDGMENT

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A fatal mistake committed by the Station House

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Officer, who registered Crime No.207/2017 (Varaphuzha Police Station) by omitting to include Section 354 and 394 IPC in the FIR and the final report, though the FIR discloses commission of the said offences. Hence, the same requires rectification. The submission of final report without conducting an investigation for the said offences is really improper. There will be a direction to conduct further investigation under the supervision of the Dy.S.P. concerned regarding the commission of the abovesaid offences. Crl.M.C. Nos.7290/2017,

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7271/17 and W.P.(C)No.2300/2018 are allowed in part accordingly. The Trial Court shall not proceed

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further in the matter until the submission of supplementary reports.

Sd/-

P.SOMARAJAN

JUDGE

msp

Crl.MC.7290/2017 AND CONNECTED CASES 5

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APPENDIX OF Crl.MC 7290/2017

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PETITIONER'S/S ANNEXURES:

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ANNEXURE A1	TRUE COPY OF THE F.I.R. IN CRIME NO.207/2017 OF VARAPUZHA POLICE STATION.
ANNEXURE A2	TRUE COPY OF THE COMPLAINT DATED 21/02/2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
ANNEXURE A2(A)	TRUE COPY OF THE RECEIPT FOR SUBMITTING THE COMPLAINT DATED 21/02/2017.
ANNEXURE A3	TRUE COPY OF CHARGE SHEET IN C.C.NO.182/2017 OF THE JUDICIAL 1ST CLASS MAGISTRATE'S COURT, NORTH PARAVUR, IN CRIME NO.207/2017 OF VARAPUZHA POLICE STATION.
ANNEXURE A4	TRUE COPY OF THE REPLY LETTER NO.10/RTI/2019-B2 DATED 9.2.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER, VARAPUZHA POLICE STATION.
ANNEXURE A5	TRUE COPY OF THE REQUEST UNDER RTI SEND TO THE PUBLIC INFORMATION OFFICER, VARAPUZHA POLICE STATION DATED 5.1.2019.

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RESPONDENTS ANNEXURES:NIL

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Crl.MC.7290/2017 AND CONNECTED CASES 6

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APPENDIX OF Crl.MC 7271/2017

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PETITIONER'S/S ANNEXURES:

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ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.207/2017 OF VARAPUZHA POLICE STATION. ANNEXURE A2 TRUE COPY OF THE COMPLAINT DATED 21.02.2017, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. ANNEXURE A2(A) TRUE COPY OF THE RECEIPT FOR SUBMITTING THE COMPLAINT DATED 21.02.2017. ANNEXURE A3 CERTIFIED COPY OF CHARGE SHEET IN CRIME NO.208/2017 OF VARAPUZHA POLICE STATION IN C.C NO. 243/2017 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT III, N. PARAVUR. ANNEXURE A4 TRUE COPY OF CERTIFICATE DATED 6.5.2017. ANNEXURES A5 TRUE COPY OF THE JUDGMENT IN WPC.NO.27759/2017 DATED 30.8.2017 OF THIS HON'BLE COURT

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ANNEXURES A6 TRUE COPY OF THE ORDER IN C.M.P.NO.1540/2017 IN C.C.NO.243/2017 DATED 28.9.2017 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT III, N.PARAVUR

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RESPONDENTS ANNEXURES:NIL

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Crl.MC.7290/2017 AND CONNECTED CASES 7

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APPENDIX OF WP(C) 2300/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE F.I.R. IN CRIME NO.207/2017 OF VARAPUZHA POLICE STATION. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 21.02.2017, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P2(A) TRUE COPY OF THE RECEIPT FOR SUBMITTING THE COMPLAINT DATED 21.02.2017.

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EXHIBIT P3 TRUE COPY OF CHARGE SHEET IN C.C.NO.182/2017 OF THE JUDICIAL 1ST CLASS MAGISTRATE'S COURT III, NORTH PARAVUR, IN CRIME NO.207/2017 OF VARAPUZHA POLICE STATION.

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RESPONDENTS EXHIBITS:NIL

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P.A. TO JUDGE

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//TRUE COPY//

Naveen Jose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Naveen Jose 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

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