In this Criminal Miscellaneous Case, the High Court of Kerala at Ernakulam considered a petition under Section 482 CrPC, challenging a Final Report. After hearing counsel and examining the materials, the court found prima facie evidence and rejected the quashment plea.
The petition to quash the Final Report (Annexure A2) was dismissed as meritless.
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 A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
CRL.MC NO. 3009 OF 2023
CRIME NO.740/2021 OF CHITTARIKAL POLICE STATION, KASARGOD
CC NO.363 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,HOSDRUG
PETITIONER/ACCUSED:
JOSEPH K.A. AGED 75 YEARS KALAPPURAKKAL HOUSE, KADUMENI, KASARAGOD -, PIN - 67 CHITTARIKKAL 0511
BY ADVS. SAJEN THAMPAN TOM MATHEW DEEPU ANIL
RESPONDENTS/COMPLAINANT & DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 LUCY BABU RESIDING AT AKAMPADIKKAL HOUSE, KADUMENI, CHITTARIKKAL, KASARAGOD -, PIN - 670511
BY SRI. M. P. PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.NO. 3009 OF 2023
2
O R D E R
Dated this the 24th day of May, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 Final Report arose out of Crime No.740/2021 of Chittarikkal Police Station, Kasargod.
learned Public Prosecutor in detail. Perused Annexure A2 final report along with the relevant documents form part of the case diary.
3
Crl.M.C.NO. 3009 OF 2023
punishable under Sections 354, 447, 341, 323, 324, 294(b) and 506 of IPC.
Crl.M.C.NO. 3009 OF 2023
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accused trespassed upon her property, abused her, hold on her hair, slapped on her face, twisted her wrist and thereby outraged her modesty. She underwent treatment and the wound certificate for the treatment which would show injuries to her also collected during investigation and the statement of the Doctor, who is the fifth witness, in support of the treatment thereafter, also was recorded. Other witnesses also gave statements in support of the prosecution.
trial and in such a case, the quashment sought for cannot be allowed.
Therefore, this petition is meritless and the same is dismissed. Registry is directed to forward copy of this order to the trial court
within seven days for information and compliance.
Sd/-
A. BADHARUDEEN JUDGE
DCS
Crl.M.C.NO. 3009 OF 2023
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APPENDIX OF CRL.MC 3009/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 740/2021 DATED 10.12.2021 Annexure A2 TRUE COPY OF THE FINAL REPORT IN CC 363/2022 IN CRIME NO. 740/2021 DATED 10.02.2022
2 issues framed by the court
Whether the Final Report (Annexure A2) in the criminal case should be quashed.
Whether there are sufficient materials to frame charges and proceed to trial.
8 provisions across 2 enactments
JOSEPH K.A.
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
LUCY BABU
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
