The Kerala High Court dismissed a criminal miscellaneous petition challenging a police final report. The Court held that factual disputes and the pending trial before the trial court precluded the exercise of jurisdiction under Section 482 Cr.P.C. to quash proceedings.
The criminal miscellaneous case was dismissed with no merits found.
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
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
CRL.MC NO. 2429 OF 2020
CRIME NO.242/2009 OF SREEKARIYAM POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1DALU R.DAS,
AGED 31 YEARS
S/O.HELAN DAS,
VADAKKETHAITHOTTAM VEEDU, PERUMPAZHUTHUR,
THIRUVANANTHAPURAM - 695 126.
2HELAN DAS,
AGED 61 YEARS
S/O.MANUVEL,
VADAKKETHAITHOTTAM VEEDU, PERUMPAZHUTHUR,
THIRUVANANTHAPURAM - 695 126.
3 HABEELA DAS, AGED 36 YEARS D/O.RAMANI, VADAKKETHAITHOTTAM VEEDU, PERUMPAZHUTHUR, THIRUVANANTHAPURAM - 695 126.BY ADV LIJU. M.P
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1DINESH LAL,
S/O.JOHNSON,
AGED 45, LAL BHAVAN, AYIRA, CHENGAL,
THIRUVANANTHAPURAM - 695 132.
2 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,Crl.M.C.No.2429 of 2020
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HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
BY ADVS.
SRI.G.RANJU MOHAN
SMT.M.SANTHI
OTHER PRESENT:
SMT. SREEJA V.
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-:3:-
Crl.M.C.No.2429 of 2020
BECHU KURIAN THOMAS, J.
--------------------------------------Crl.M.C.No.2429 of 2020
Dated this the 1st day of April, 2024
ORDER
Petitioner challenges the final report in Crime No.242/2009 of Sreekariam Police Station, Thiruvananthapuram District, which is now pending consideration as C.C.No.222/2013 on the files of the Judicial First Class Magistrate court-I, Thiruvananthapuram.
Crl.M.C.No.2429 of 2020
-:4:-
Further, it was submitted that the case has already been scheduled for trial before the Trial Court. In view of the above circumstances, the remedy under Section 482 of Cr.P.C. need not be exercised.
Hence, I find no merit in this criminal miscellaneous case. Accordingly, this Crl.M.C. is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/01.04.24.
Crl.M.C.No.2429 of 2020
-:5:-
APPENDIX OF CRL.MC 2429/2020
PETITIONER ANNEXURE
ANNEXURE A
CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.242/09 OF SREEKARIAM POLICE
STATION, THIRUVANANTHAPURAM.
3 issues framed by the court
Whether factual disputes regarding false allegations can be agitated in a petition under Section 482 of Cr.P.C.
Whether a pending trial prevents the exercise of jurisdiction under Section 482 of Cr.P.C. for quashing the proceedings.
Whether the criminal miscellaneous petition challenging the final report has merit considering the trial has already commenced.
2 provisions across 2 enactments
Dalu R.Das, Helan Das, Habeela Das
Dinesh Lal
State of Kerala
Bechu Kurien Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court