The High Court of Kerala dismissed two criminal miscellaneous petitions challenging the registration of an FIR as infructuous because the High Court had previously quashed the criminal proceedings against the petitioners in another case.
The criminal miscellaneous petitions were 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 MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944
CRL.MC NO. 3733 OF 2015
IN CRIME NO.2354/2015 OF PERUMBAVOOR POLICE STATION
PETITIONERS/ACCUSED Nos. 1,2 AND 4:
1 KOCHUMOHAMMED AGED 58 YEARS S/O KUNJEEM PILLA, KARUVILLIL PERUMANI, VENGOLA P.O PIN-683556 ERNAKULAM 2 SHINAJ, AGED 30 YEARS S/O ALIYAR, KARUVILLIL, PERUMANI, VENGOLA P.O PIN-683556 ERNAKULAM 3 JINCHY SIVANANDAN, AGED 25 YEARS S/O SIVANANDAN, CHALIL, PERUMANI VENGOLA P.O – 683556 ERNAKULAM
BY ADV KOCHUMOHAMMED (PARTY -IN-PERSON)
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-6820312 SUB INSPECTOR OF POLICE, PERUMBAVOOR-6835563 CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR-6835564 DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR-6835565 DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA-6835516 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS THIRUVANANTHAPURAM-6950017P.V.SANTHOSH,
PROPRIETOR, S.N.ROCKS PRODUCTS,
VENGOLA P.O, OTTATHANI,
PERUMBAVOOR-683556
BY ADV
SMT.M.K.PUSHPALATHA
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2022, ALONG WITH Crl.MC.3727/2015, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944
CRL.MC NO. 3727 OF 2015
IN CRIME NO.2354/2015 OF PERUMBAVOOR POLICE STATION
PETITIONER:
HIMESH KUMAR T.K
AGED 29 YEARS
S/O.T.C.KUNJUMON, THOTTUKUDI HOUSE,
PERUMANI, VENGOLA P.O., 683556,
ERNAKULAM DISTRICT.
BY ADVS.
SMT.AYSHA YOUSEFF
SRI.JOBI.A.THAMPI
SMT.MOLLY JACOB
SMT.SITHARA SHAMSUDEEN
RESPONDENTS:
1 STATE OF KERALA REPRESENTEDBY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682030.2 SUB INSPECTOR OF POLICE PERUMBAVOOR-683556.3 CIRCLE INSPECTOR OF POLICE PERUMBAVOOR-683556.4 DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR-683556.5 DISTRICT POLICE CHIEF ERNAKULAM RURAL, ALUVA.6 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.7 P.V.SANTHOSH PROPRIETOR, S.N.ROPES PRODUCTS, VENGOLA P.O., OTTATHANI, PERUMBAVOOR 683556.BY ADV PRAVEEN K. JOY
OTHER PRESENT:
SRI.NOUSHAD.K.A PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2022, ALONG WITH Crl.MC.3733/2015, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.3733 of 2015 & 5 Crl.M.C.No.3727 of 2015
BECHU KURIAN THOMAS, J. ==================== Crl.M.C.No.3733 of 2015 & Crl.M.C.No.3727 of 2015
=====================
Dated this the 22nd day of November, 2022
ORDER
Petitioners challenge the registration of FIR in Crime
No.2354/2015 of Perumbavoor Police Station, Ernakulam.
Sd/-
BECHU KURIAN THOMAS JUDGE
jka
1 issue framed by the court
Whether the criminal miscellaneous petitions challenging the registration of the FIR are maintainable in light of a prior High Court ruling quashing proceedings against the petitioners.
KOCHUMOHAMMED ET ORS
HIMESH KUMAR T.K
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court