Dismissed

Anilkumar v. State of Kerala

Kerala HC26 Jul 2022Crl.MC/6119/2017

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Miscellaneous case filed to quash criminal proceedings. It rejected the submission that no offence was made out under Sections 354D and 509 of the IPC, holding that the First Information Statement disclosed prima facie ingredients essential for the said offences.

What did the court decide?

Procedures under the Criminal Misc. Case were confirmed; the petition to quash proceedings was dismissed.

Anilkumar Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 26^TH DAY OF JULY 2022 / 4TH SRAVANA, 1944

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CRL.MC NO. 6119 OF 2017

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CC No. 354/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS

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MAGISTRATE'S COURT-III, NEYYATTINKARA

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CRIME NO. 266/2014 OF MARAYAMUTTOM POLICE STATION

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PETITIONER/ACCUSED:

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ANILKUMAR S/O SREEDHARAN,'ABHAYA'. MARAYAMUTTOM DESOM,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK. BY ADVS. SRI.G.SUDHEER SMT.N.P.ASHA

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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2 VIJAYAKUMARI D/O LEKSHMIKUTTY AMMA,'SREE RADHIKA'

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ANCODE,PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK. 695121.

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SMT T V NEEMA -SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M. C No. 6119 of 2017

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..2..

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O R D E R

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This Crl. M.C has been filed to quash all further

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proceedings in CC No. 354/2015 on the file of the Judicial First Class Magistrate's Court-III, Neyyattinkara.

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The learned counsel for the petitioner, Sri. G Sudheer submitted that even if the entire allegation in the FI Statement together with the materials collected during the investigation taken together are believed in toto, no offence under Sections 354D and 509 of the IPC is made out.

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I went through the FI Statement. There are clear averments to attract the ingredients of the offence punishable under Sections 354D and 509 of the IPC. The learned counsel for the petitioner submitted that the exact words used by the accused have not been stated in the FI Statement. It is a matter of evidence. There are ingredients to attract the offences. When a prima facie case is made out, the jurisdiction vested with this Court under Section 482 of the Cr.P.C. cannot be invoked.

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Accordingly, the Crl.M.C. is dismissed.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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RMV

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Crl. M. C No. 6119 of 2017

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..3..

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APPENDIX OF CRL.MC 6119/2017

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PETITIONER ANNEXURES

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ANNEXURE A	A COPY OF THE FIR AND FIS IN CRIME NO.266/2014 DATED 20.6.2014 PREPARED BY THE SUB INSPECTOR OF POLICE, MARAYAMUTTOM POLICE STATION.
ANNEXURE B	ATTESTED COPY OF THE FINAL REPORT IN C.C.NO.354/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
ANNEXURE C	TRUE COPY OF THE LAWYER NOTICE SENT BY ADVOCATE KOVALAM B. AJITHKUMAR TO THE PETITIONER AND ANOTHER DATED 26.5.2014.
ANNEXURE D	TRUE COPY OF LETTER SENT BY THE STATE POLICE CHIEF TO THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT DATED 20.5.2015.
ANNEXURE E	TRUE COPY OF LETTER SENT BY THE DISTRICT POLICE SUPERINTENDENT TO THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT DATED 18.5.2015.

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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