The High Court of Kerala dismissed a criminal miscellaneous petition seeking quashing of criminal proceedings. Finding that the allegations disclosed a prima facie case for offences under Sections 409, 420, and 34 of the IPC, the court held Section 482 Cr.P.C. was not applicable.
Petition to quash criminal proceedings under Section 482 Cr.P.C. was dismissed.
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
FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944
CRL.MC NO. 2192 OF 2019
CC 710/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM (SPECIAL COURT-MARKLIST CASES) Crime No.748/2012 of Museum Police Station,
Thiruvananthapuram
PETITIONER/ 1st ACCUSED:
A.K.NAINAN, AGED 58 YEARS S/O LATE KUNJANDI, AALUMMOOTTIL HOUSE, PIDAVOOR VILLAGE, PATHANAPURAM P.O., KOLLAM 691 508 BY ADVS. C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 C.INDIRAKUTTY AMMA, THIRUVATHIRA, TC 16/736(1), MUDIPPURA ROAD, JAGATHI, THAICAUD VILLAGE, THIRUVANANTHAPURAM, PIN 695 014. R1 BY SMT.T.V.NEEMA SR. Public Prosecutor R2 BY ADVS.SRI.BIJU BALAKRISHNAN SMT.SAYUJYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2192 of 2019
..2..
ORDER
This Crl.M.C. has been filed to quash all further proceedings in C.C.No.710/2015 on the file of the Judicial First Class Magistrate Court-V (Special Court for Marklist cases), Thriuvananthapuram.
I went through the private complaint as well as the connected documents. There are allegations to constitute the ingredients of offences under Sections 409, 420 and 34 of the IPC. When prima facie case is made out, the jurisdiction vested with this Court under Section 482 of the Cr.P.C. cannot be invoked. Accordingly, the Crl.M.C. is dismissed.
Sd/-
DR.KAUSER EDAPPAGATH,
JUDGE
skj
Crl.M.C.No.2192 of 2019
..3..
APPENDIX OF CRL.MC 2192/2019
PETITIONER'S ANNEXURES
| ANNEXURE A1 | TRUE COPY OF PRIVATE COMPLAINT FILED BY 2ND RESPONDENT AS CMP NO 2758/2012 |
|---|---|
| ANNEXURE A2 | CERTIFIED COPY OF FIR IN CRIME NO 748/2012 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM |
| ANNEXURE A3 | TRUE COPY OF FINAL REPORT IN CRIME NO 748/2012 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM |
| ANNEXURE A4 | TRUE COPY OF COMPROMISE PETITION FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE |
| COURT-V (SPECIAL COURT FOR MARK LIST | |
| CASES), THIRUVANANTHAPURAM ON 6.1.2018 | |
| ANNEXURE A5 | TRUE COPY OF RECEIPT ACKNOWLEDGED BY 2ND RESPONDENT DATED 20.3.2018 |
| ANNEXURE A6 | TRUE COPY OF PETITION FILED SEEKING PERMISSION TO COMPOUND THE CASE ON 20.3.2018 |
1 issue framed by the court
Whether the jurisdiction under Section 482 of the Cr.P.C. can be invoked to quash proceedings where prima facie case is made out.
2 provisions across 2 enactments
A.K.Nainan
State of Kerala
C.Indirakutty Amma
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
