In a criminal miscellaneous case regarding alleged sexual assault, the High Court quashed all further proceedings due to illegality in the FIR registration process under Section 156(3) Cr.P.C. and absence of mandatory victim medical examination and statement recording.
All further proceedings in Crime No. 1578/2018 pending as C.P. No. 12/2019 were 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 MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 CRL.MC NO. 5161 OF 2019
AGAINST THE ORDER/JUDGMENT IN CP 12/2019 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/ ACCUSED:
NIAS MARIKKAR, AGED 59 YEARS, S/O. NAINNAR MARIKKAR, HOUSE NO.CC 70/3032, GERRA IOC, GEORGE EDEN ROAD. BY ADVS. B.RAMAN PILLAI (SR.) SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.T.ANIL KUMAR SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.THOMAS SABU VADAKEKUT
RESPONDENT/ COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-PIN 682031. BY ADV PUBLIC PROSECUTOR
SRI SANGEETHA RAJ -PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 5161 of 2019
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O R D E R
Dated this the 12th day of December, 2022
This Crl.M.C. has been filed to quash all further proceedings in Crime No. 1578/2018 of Ernakulam Town North Police Station, now pending as C.P. No. 12/2019 on the file of Additional Chief Judicial Magistrate Court, Ernakulam.
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Crl.M.C.No. 5161 of 2019
sexual assault on her by the petitioner. The learned Magistrate treated the said letter as a complaint and forwarded the same to the police under section 156 (3) of Cr.P.C. It was thereafter Annexure B F.I.R. was registered under section 376 of IPC.
she will not co-operate, the same will be published. It is further alleged that, under threat, she was forced to do oral sex by the petitioner at specified place on 4/12/2016. It is also alleged that the petitioner threatened her and subjected her to rape on 17/01/2017 and on two unspecified days in December, 2017.
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Crl.M.C.No. 5161 of 2019
complainant did not gave any F.I.S. directly to the police as envisaged under Section 154 of Cr.P.C. On the other hand, Annexure A letter was sent by her to the learned Magistrate with a caption “to whomsoever it may concern”. Based on Annexure A, the learned Magistrate directed the police to register a crime purportedly exercising the power under Section 156 (3) of Cr.P.C. It was thereafter the crime was registered.
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Crl.M.C.No. 5161 of 2019
even without recording the statement of the victim under Section 164 of the Cr.P.C. or subjecting the victim to medical examination, the Final Report was filed. Thus, the very registration of the crime is bad and the investigation and filing of the Final Report also is bad. The entire process right from the registration of the crime till the filing of the Final Report is vitiated by illegality and impropriety.
In the light of the above facts, I am of the view that, no useful purpose will be served in proceeding further with the crime. Accordingly, all further proceedings in Crime No. 1578/2018 of Ernakulam Town North Police Station now pending as C.P.No. 12/2019 on the file of Additional Chief Judicial Magistrate, Ernakulam are hereby quashed. The Crl.M.C. is allowed.
Sd/- DR. KAUSER EDAPPAGATH JUDGE
APA
Crl.M.C.No. 5161 of 2019
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APPENDIX OF CRL.MC 5161/2019
PETITIONER'S ANNEXURES
ANNEXURE A THE CERTIFIED COPY OF THE LETTER. ANNEXURE B TRUE COPY OF THE F.I.R IN CRIME NO.1578 OF 2018 OF ERNAKULAM TOWN NORTH POLICE STATION. ANNEXURE C TRUE COPY OF THE REMAND REPORT DATED 8.5.2019. ANNEXURE D THE TRUE COPY FO THE ORDER IN CRL.M.P.NO.1772/19 OF THE COURT OF ADDL. C.J.M, ERNAKULAM DATED 8.5.2019. ANNEXURE E THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 14.5.2019 IN BAIL APPLICATION NO.3422 OF 2019. ANNEXURE F THE CERTIFIED COPY OF THE FINAL REPROT IN CRIME NO.1578 OF ERNAKULAM NORTH TOWN POLICE. Annexure-G THE TRUE COPY OF THE ORDER DATED 2-82019 OF THIS HON'BLE COURT IN CRL.M.C.NO.5161/2019
1 issue framed by the court
Whether the registration of an FIR initiated via a letter sent to a Magistrate under Section 156(3) Cr.P.C. and subsequent failure to record victim statement under Section 164 Cr.P.C. and conduct medi
5 provisions across 2 enactments
NIAS MARIKKAR
STATE OF KERALA
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
