Allowed

P.J.Baby v. the Sub Inspector of Police, Pala Police Station

Kerala HC3 Mar 2023OP(Crl.)/179/2018

Case brief

AI extract

What is this about?

The High Court set aside the impugned order of the Judicial Magistrate, Pala, dismissing the petitioner's petition (Ext.P3) to drop criminal proceedings. Having reviewed the supplemental investigation report (Ext.P2) which found the allegations false, the Court allowed the drop petition against the accused in C.C.No.1824/2013.

What did the court decide?

The Original Petition (Crl.) is allowed; Ext.P3 stands allowed and Ext.P4 order is set aside.

P.J.Baby Vs the Sub Inspector of Police, Pala… — Pension and Retirement Benefits | Kerala HC (2023)

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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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FRIDAY, THE 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 OP(CRL.) NO. 179 OF 2018

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IN CC 1824/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA PETITIONER:

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P.J.BABY, AGED 55 YEARS, S/O. FRANCIS JOSEPH,PRUNTHUVEETTIL HOUSE, EDAPPADY KARA,BHARANANGANAM VILLAGE, MEENACHIL TALUK.

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BY ADV SRI.JOSEPH T.JOHN

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RESPONDENT:

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THE SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA, KOTTAYAM DISTRICT - 686 575.

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OTHER PRESENT:

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SMT.S.REKHA.SR.P.P

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 179 OF 2018

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J U D G M E N T

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The petitioner is the accused in C.C.No.1824/2013 pending on the file of the Judicial First Class Magistrate Court, Pala (for short 'the court below'). The offences alleged are punishable under Section 118(e) of the Kerala Police Act and Section 185 of the Motor Vehicles Act.

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The court below took cognizance of the offence against the petitioner based on Ext.P1 final report submitted by the Investigating Officer on 23.09.2013. Thereafter, further investigation was conducted under Section 173(8) of the Code of Criminal Procedure and Ext.P2 supplemental report was filed. In Ext.P2, it was found that the offence against the petitioner was a false one and requested the court to drop all further proceedings. Thereafter, Ext.P3 petition was filed by the petitioner to drop the proceedings in C.C.No.1824/2013. However, the court below as per Ext.P4 impugned order, dismissed Ext.P3. The said order is under challenge in this original petition.

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I have heard Sri. Joseph T. John, the learned counsel appearing for the petitioner and Smt.S.Rekha, the learned Senior Public Prosecutor.

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I have perused Ext.P2 report. The Investigating Officer has taken into account Ext.P1 report as well. After perusing the entire records and

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OP(CRL.) NO. 179 OF 2018

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materials collected during the investigation and further investigation, the Investigating Officer came to a conclusion that the allegation levelled against the petitioner was false. A further investigation is a continuation of the original investigation. For the simple reason that in the original final report, it was found that there are materials to connect the petitioner with the crime it cannot be said that the supplemental report has to be discarded. On a perusal of Ext.P2, it is seen that the Investigating Officer has meticulously perused the entire materials collected during investigation and formed an opinion. Hence, I am of the view that Ext.P4 order passed by the court below cannot be sustained. Accordingly, it is set aside. Ext.P3 stands allowed.

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The Original Petition (Crl.) is allowed as above.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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OP(CRL.) NO. 179 OF 2018

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE FINAL REPORT DATED 27.3.2015 EXHIBIT P2. TRUE COPY OF THE FINAL REPORT DATED 5.4.2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT IN CRIME NO.1580/2013 EXHIBIT P3. TRUE COPY OF THE C.M.P. NO.9302/2017 IN C.C.NO.1824/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT DATED 27.12.2017 EXHIBIT P4. TRUE COPY OF THE ORDER DATED 13.3.2018 C.M.P. NO.9302/2017 IN C.C.NO.1824/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT

P.J.Baby v. the Sub Inspector of Police, Pala Police Station

Case brief

What is this about?

What did the court decide?

P.J.Baby v. the Sub Inspector of Police, Pala Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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