The court dismissed three criminal miscellaneous petitions filed by accused persons seeking to quash further proceedings in a criminal case, ruling them infructuous due to the filing of the final report and concurrent petitions by co-accused to quash that report.
Petitions to quash further proceedings in Crime No.1249/2016 dismissed as infructuous.
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 DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 CRL.MC NO. 8613 OF 2017
PETITIONER/ ACCUSED NO.1:
A.SIVARAMAKRISHNAN AGED 64 YEARS, S/O.ARU, PERINCHIRA, MUTHALAMADA, CHITTUR, PALAKKAD DISTRICT.
BY ADVS. SRI.O.V.MANIPRASAD SRI.JOSE ANTONY SRI.S.SHIV SHANKAR
RESPONDENTS/ STATE & COMPLAINANT:
1 STATE OF KERALA (THE SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, CRIME 1249/2016), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 MEENAKSHI AGED 80 YEARS, W/O.GANGADHARAN, MALLANKULAMBU HOUSE, MUTHALAMADA P.O.,KOLLANGODE, PALAKKAD DISTRICT, PIN-678506.
BY ADV SRI.K.RAVI (PARIYARATH)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.12.2022 ALONG WITH CRL.MC.NOS.8605/2017 & 1642/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 6TH DAY OF DECEMBER 2022/15TH AGRAHAYANA, 1944
CRL.MC NO. 8605 OF 2017
PETITIONER/ACCUSED NO.2:
K. SIVARAMAKRISHNAN AGED 67 YEARS,S/O.A.KOCHU, SRI BHAVAN,COLLEGE ROAD, PALAKKAD-678001.
BY ADVS. SRI.P.B.KRISHNAN SRI.SABU GEORGE
RESPONDENTS/ STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA (THE SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION,CRIME 1249/2016), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.
2 MEENAKSHI W/O.GANGHADHARAN, AGED 82 YEARS, MALLANKULAMBU HOUSE, MUTHALAMADA.P.O, KOLLANGODE, PALAKKAD DISTRICT,PIN-678506. BY ADV SRI.K.RAVI (PARIYARATH)
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.12.2022 ALONG WITH CRL.MC.NOS.8613/2017 & 1642/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
CRL.MC NO. 1642 OF 2018
PETITIONER/ACCUSED NO.3:
SURESH AGED 51 YEARS, S/O. BALAKRISHNAN, AREEKKODE HOUSE, NEAR N.S.S. COLLEGE, AYILOOR VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADV SRI.SOJAN MICHEAL
RESPONDENTS/ STATE & COMPLAINANT:
1 STATE OF KERALA (THE SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION,CRIME 1249/2016), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 MEENAKSHI W/O. GANGADHARAN, AGED 80 YEARS, MALLANKULAMBU HOUSE, MUTHALAMADA.P.O.KOLLANGODE, PALAKKAD DISTRICT, PIN-678506.
BY ADV SRI.K.RAVI (PARIYARATH)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.12.2022 ALONG WITH CRL.MC.NOS.8613/2017 & 8605/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..4..
O R D E R
Dated this the 6th day of December, 2022
The above Crl.M.C.'s have been filed to quash further proceedings in Crime No.1249/2016 of Kollengode Police Station, Palakkad District.
Hence, all these Crl.M.C.'s are dismissed as infructuous.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..5..
APPENDIX OF CRL.MC 8613/2017
PETITIONER'S ANNEXURES
| ANNEXURE | A1 A TRUE |
COPY OF THE COMPLAINT SUBMI | TTED BY THE |
|---|---|---|---|
| DEFACTO RESPOND |
COMPLAINANT BEFORE ENT. |
THE 1ST |
|
| ANNEXURE | A2 A TRUE OF KOLL |
COPY OF THE FIR IN CRIME N ENGODE POLICE STATION. |
O.1249/2016 |
| ANNEXURE | A3 A TRUE THE SUB |
COPY OF THE PLAINT IN OS COURT, PALAKKAD. |
71/2000 OF |
| ANNEXURE | A4 A TRUE IN OS N |
COPY OF THE JUDGMENT DATED O.71/2000 OF THE SUB COURT, |
28.11.2009 PALAKKAD. |
| ANNEXURE | A5 A TRUE |
COPY OF THE PLAINT IN OS NO. | 428/2000. |
| ANNEXURE | A6 A TRUE |
COPY OF THE JUDGMENT DATED | 04.08.2017 |
| IN OS PALAKKA |
NO.428/2000 OF THE SUB D. |
COURT , | |
| ANNEXURE | A7 A TR |
UE COPY OF THE COMM | ON ORDER |
| DATED26 | .09.2018 IN I.A.NO.3527 | /2019 AND | |
| 3528/20 | 17 IN OS NO.428/2000 | OF THE | |
| SUBORDI | NATE JUDGE'S COURT (ADDL.), | PALAKKAD | |
| ANNEXURE | A8 A TRUE OF THE |
COPY OF THE JUDGMENT DATED DIVISION BENCH IN FAO NO.10/ |
18.01.2019 2019 |
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..6..
APPENDIX OF CRL.MC 8605/2017
PETITIONER'S ANNEXURES
| ANNEXURE A1 | A TRUE COPY OF THE COMPLAINT SUBMITTED BY |
|---|---|
| THE DEFACTO COMPLAINANT BEFORE THE 1ST RESPONDENT |
|
| ANNEXURE A2 | A TRUE COPY OF THE FIR IN CRIME NO.1249/2016 OF KOLLENGODE POLICE STATION |
| ANNEXURE A3 | A TRUE COPY OF THE PLAINT IN O.S.71/2000 ON THE FILE OF THE SUB COURT,PALAKKAD |
| ANNEXURE A4 | A TRUE COPY OF THE JUDGMENT DATED 28.12.2009 IN OS NO.71/2000 ON THE FILE OF THE SUB COURT,PALAKKAD |
| ANNEXURE A5 | A TRUE COPY OF THE PLAINT IN OS NO.428/2000 ON THE FILE OF THE SUB COURT, PALAKKAD |
| ANNEXURE A6 RESPONDENT ANN |
A TRUE COPY OF THE JUDGMENT DATED 04.08.2017 IN O.S.428/2000 ON THE FILE OF THE SUB COURT,PALAKKAD. EXURES |
| ANNEXURE B1 | A TRUE COPY OF EXPERT OPINION ISSUED BY INTERNATIONAL FORENSIC SCIENCE (P) LIMITED DATED 20.09.2017 (RELEVANT PAGES ONLY) |
| ANNEXURE B2 | A TRUE COPY OF GO (Rt) 551/2018/LAW DATED 7.5.2018 |
| ANNEXURE B3 | A TRUE COPY OF NOTIFICATION DATED 9.5.2018 ISSUED BY THE LAW SECRETARY |
| ANNEXURE B4 | CERTIFIED COPY OF THE REPORT ISSUED BY THE REGIONAL FORENSIC LABORATORY, THRISSUR, IN |
| CRIME NO. 1249/2016, DATED 24.06.19. |
Crl.M.C.Nos. 8613, 8605/2017 & Crl.M.C.No.1642/2018
..7..
APPENDIX OF CRL.MC 1642/2018
PETITIONER'S ANNEXURES
| ANNEXURE-A1. | A TRUE | COPY | OF THE | COMPLAINT DATED 16-11- |
|---|---|---|---|---|
| 2016 S BEFORE |
UBMIT THE 1 |
TED BY ST RESPO |
THE DEFACTO COMPLAINANT NDENT. |
|
| ANNEXURE-A2. | A TRUE CRIME STATION |
COPY NO. . |
OF THE 1249/201 |
FIR DATED 17-11-2016 IN 6 OF KOLLENGODE POLICE |
| ANNEXURE A3 | A TRUE | COPY | OF THE | PLAINT DATED 27-10-2009 |
| IN OS PALAKKA |
NO. D. |
71 200 | 00 OF THE SUB COURT, | |
| ANNEXURE-A4. | A TRUE 2009 IN PALAKKA |
COPY OS D. |
OF THE NO. 71/ |
JUDGMENT DATED 28-11- 2000 OF THE SUB COURT, |
| ANNEXURE-A5. | A TRUE | COPY | OF THE | PLAINT DATED 27-07-2000 |
| IN OS PALAKKA |
NO. D. |
428/200 | 0 OF THE SUB COURT, | |
| ANNEXURE-A6. | A TRUE | COPY | OF THE | JUDGMENT DATED 4-8-2017 |
| IN OS PALAKKA |
NO. D. |
428/200 | 0 OF THE SUB COURT, | |
| ANNEXURE A7. | A TRUE 12-2017 M.C. NO |
COPY IN C . 861 |
OF THE RL. M.A. 3/2017. |
INTERIM ORDER DATED 13- NO. 13583/2017 IN CRL. |
2 issues framed by the court
Whether petitions to quash further proceedings in Crime No.1249/2016 remain maintainable after the filing of the Final Report.
Whether subsequent petitions filed by other accused to quash the Final Report make these petitions infructuous.
A.SIVARAMAKRISHNAN
K. SIVARAMAKRISHNAN
SURESH
STATE OF KERALA
MEENAKSHI
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
