Petitioner challenged an order allowing further investigation in a rape case. Court held that further investigation fills no lacuna as victim's evidence is recorded, but allowed order with a time limit for completion pending for years.
Annexure-A5 order was confirmed with a directive to fix a time limit for completing further investigation.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
CRL.MC NO. 2348 OF 2018
SC NO.233 OF 2014 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM
PETITIONER/1ST ACCUSED:
BURHAN
S/O. MEERAN, CHIRANDAYATH HOUSE,
AYIROOR PADAMAM KARA, THRIKKARIYOOR VILLAGE,
ERNAKULAM DISTRICT
BY ADV SRI.PEEYUS A.KOTTAM
RESPONDENTS/STATE:
1STATE OF KERALA
HIGH COURT OF KERALA,
ERNAKULAM, COCHIN - 682 031
2STATE OF KERALA
REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH
ERNAKULAM RURAL
(REPRESENTED BY INVESTIGATING OFFICER IN
CRIME NO. 756/2011 OF KOTHAMANGALAM POLICE
STATION), PIN - 686 691
SMT.NIMA JACOB, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CrlM.C..No.2348/2018
2
P.V.KUNHIKRISHNAN, J.
Crl.M.C. No.2348 of 2018 ---------------------------------------------Dated this the 24th day of July, 2024
ORDER
This criminal miscellaneous case is filed to quash Annexure-A5 order passed by the Second Additional Sessions Judge, Ernakulam, in Crl.M.P.No.3603/2017 in S.C. No.233/2014. This is the case charge sheeted against the petitioner alleging inter alia under Section 376 IPC.
3
CrlM.C..No.2348/2018
CrlM.C..No.2348/2018
4
investigation report is received, the learned Sessions Judge will try to dispose the Sessions Case as expeditiously as possible.
With the above observation, this Criminal
Miscellaneous Case is disposed of.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
CrlM.C..No.2348/2018
5
APPENDIX OF CRL.MC 2348/2018
PETITIONER ANNEXURES
ANNEXURE A1TRUEBY |
COPY OF THE COURT CHARGE FRAMEDTHE TRIAL JUDGE UNDER SECTIONS |
|---|---|
366AREADCODE |
, 372, 373,376 AND 376 (2) (G)WITH SECTION 34 OF INDIAN PENALDATED 13.06.2017. |
ANNEXURE A2TRUENO.INVE |
COPY OF CRL. M.P. 3603/2017 IN SC225/14, SC 233/14 FILED BY THESTIGATING OFFICER AS AN AFFIDAVIT. |
ANNEXURE A3THE |
TRUE COPY OF OBJECTION DATED |
19.1CRL. |
2.2017 FILED BY THE PETITIONERM.P. 3603/2017 IN SC. 233/2014. |
ANNEXURE A4TRUE |
COPY OF THE DEPOSITION OF PW1 |
ANNEXURE A5CERT |
IFIED COPY OF ORDER DATED |
02.0 |
2.2018 IN CRL. M.P. 3603/2017 IN |
S.C.DIST |
233/2014 OF IIND ADDITIONALRICT & SESSIONS COURT, ERNAKULAM. |
2 issues framed by the court
Whether further investigation under Section 173(8) Cr.P.C. is feasible after the victim's evidence is recorded by the court.
Whether an order allowing further investigation in a homicide charge case should be confirmed when evidence recording is complete.
1 provisions across 1 enactments
Burhan
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court