This criminal miscellaneous petition sought to quash proceedings under Section 353 IPC concerning assault on a police officer. The Court found a prima facie case and dismissed the petition, holding that the inherent jurisdiction under Section 482 Cr.P.C. was inapplicable.
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.
CRL.MC NO. 1452 OF 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA,
1944
CRL.MC NO. 1452 OF 2018
CRIME NO.935/2017 OF Kunnamangalam Police Station, Kozhikode
ST 957/2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,KUNNAMANGALAM
PETITIONER/ACCUSED:
MISHRIJA K
AGED 39 YEARS, W/O.SHAJIM A.H., BLUE MOON,
KARANTHOOR, KUNNAMANGALAM, KOZHIKODE.
BY ADVS.
SRI.P.V.ANOOP
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE KUNNAMANGALAM POLICE STATION, KOZHIKODE, PIN - 673 571.2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. BY SRI.SANGEETHA RAJ-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1452 OF 2018
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O R D E R
This Crl.M.C has been filed to quash all further proceedings
in S.T.No.957/2017 on the file of the Judicial First Class Magistrate
Court, Kunnamangalam.
under Section 353 of IPC.
party went to house No.10, Blue Moon Villa, Karanthur Desom of
Kozhikode for taking custody of one Mr.Shajim. While taking
custody, the accused pushed CW2, a Police Constable who was on duty and twisted her hand and thereby deterred the public servant
from discharging her duty and thereby committed the offence.
the petitioner and Sri.Sangeetha Raj, the learned Public Prosecutor.
CRL.MC NO. 1452 OF 2018
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the statement of the witnesses. There are allegations to attract the ingredients of Section 353 of IPC. When prima facie case is made
out, the jurisdiction vested with this Court under Section 482 of
Cr.P.C cannot be invoked. Hence, this Crl.M.C is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 1452 OF 2018
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APPENDIX OF CRL.MC 1452/2018
PETITIONER ANNE |
XURES |
|
|---|---|---|
ANNEXURE-A: |
TRUE COPY OF THEIN CRIME NO.935/2 |
FIR WITH F.I STATEMENT017 OF KUNNAMANGALAM. |
ANNEXURE-B: |
TRUE COPY OF THENO.935/2017 WHICHTHE PETITIONER ASFILE OF THE JUDICMAGISTRATE COURT, |
FINAL REPORT IN CRIMEIS NOW PENDING AGAINSTS.T.NO.957/2017 ON THEIAL FIRST CLASSKUNNAMANGALAM. |
ANNEXURE-C: |
TRUE COPY OF THEPENDING BEFORE THMANJERI. |
PLAINT IN O.S.NO.21/2017E SUBORDINATE JUDGE, |
ANNEXURE-D: |
TRUE COPY OF THEON MALAPPURAM POL |
FIR IN CRIME NO.162/2017ICE. |
ANNEXURE-E: |
TRUE COPY OF THERECEIVED BY THE HFROM S.I OF POLICNO.162/2017. |
NOTICE NO.24/2017USBAND OF THE PETITIONERE, MALAPPURAM IN CRIME |
ANNEXURE-F: |
TRUE COPY OF THEMR.JAKOOB PURAYILTHE PETITIONER DATHE JUDICIAL FIRSCOURT-I, THAMARAS |
COMPLAINT FILEDAGAINST THE HUSBAND OFTED 21.10.2017 BEFORET CLASS MAGISTRATESERY. |
ANNEXURE-H: |
TRUE COPY OF THEBY THE THAMARASSEJUDICIAL FIRST CLTHAMARASSERY ON 0 |
REMAND REPORT SUBMITTEDRY POLICE BEFORE THEASS MAGISTRATE COURT,1.11.2017. |
RESPONDENTS ANNEXURES: NIL
1 issue framed by the court
Whether the High Court can quash proceedings under Section 353 IPC where a prima facie case exists.
2 provisions across 2 enactments
MISHRIJA K
STATE REPRESENTED BY THE PUBLIC PROSECUTOR
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court