Single-judge court allowed quashing of criminal proceedings against an accused lawyer at the de facto complainant lawyer's request, involving an offence under Section 120(o) of the Kerala Police Act.
All further proceedings in C.C.No.1803/2018 on the file of the Judicial First Class Magistrate Court-II, Ernakulam are quashed.
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
THURSDAY, THE 27TH DAY OF OCTOBER 2022/5TH KARTHIKA, 1944
CRL.MC NO. 2244 OF 2020
CC 1803/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
ERNAKULAM
PETITIONER/ACCUSED:
KRISHNA PRASAD S., AGED 55 YEARS S/O.SUKUMARAN, THOTTUNGAL KALATHIL (H), AYILOOR DESOM, PALAKKAD, KERALA-678511.
BY ADV M.REVIKRISHNAN
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2 MINI V.A., AGED 45 YEARS VADASSERY VEETTIL, LIGHT HOUSE RD., NEAR LIGHT HOUSE, PUTHUVYPU VILLAGE, VYPIN, ERNAKULAM, KOCHI-682508. BY ADV Peethambaran C P
OTHER PRESENT:
SRI G SUDHEER- Public Prosecutor
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2244 of 2020
..2..
ORDER
This Crl.M.C. has been filed to quash all further proceedings in C.C.No.1803/2018 on the file of the Judicial First Class Magistrate Court-II, Ernakulam.
The Crl.M.C. is allowed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
skj
Crl.M.C.No.2244 of 2020
..3..
APPENDIX OF CRL.MC 2244/2020
PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIR WITH FIS IN C.C.NO.1803/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURTII, ERNAKULAM. ANNEXURE A2 TRUE COPY OF THE STATEMENT OF CW2 RECORDED UNDER SECTION 162 OF THE CR.P.C. ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN C.C.NO.1803/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURTII, ERNAKULAM.
1 issue framed by the court
Whether Criminal Miscellaneous Case should be allowed to quash further criminal proceedings against a lawyer complainingant
1 provisions across 1 enactments
Krishna Prasad S
State of Kerala
Mini V.A.
Dr. Justice Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
