Criminal Miscellaneous petition filed under Section 482 Cr.P.C. by accused seeking quashing of criminal proceedings cited as a civil dispute. Bench held evidence appreciation required and dismissed the petition as trial was posted.
Criminal Miscellaneous Case dismissed. Petitioner's remedy remains to face trial.
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.
CRL.MC NO. 3313 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
CRL.MC NO. 3313 OF 2023
CRIME NO.591/2021 OF Pooyapally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CC 578/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,KOTTARAKKARA
PETITIONER/S:
1BIJU GEORGE,
AGED 41 YEARS
S/O GEORGE, ANGEL VILLA, PUTHUVA, ODANAVATTOM,
POOYAPPALLY, KOLLAM DISTRICT, PIN - 691537
2SIJI BIJU,
AGED 30 YEARS
W/O BIJU GEORGE, ANGEL VILLA, PUTHUVA, ODANAVATTOM,
POOYAPPALLY, KOLLAM DISTRICT, PIN - 691537
BY ADV H.PRAVEEN (KOTTARAKARA)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, KOCHI-, PIN - 6820312 MARIYAMMA,AGED 53 YEARS
W/O RAJU, CHARUVILA VEEDU, PUTHUVA, ODANAVATTOM,
POOYAPPALLY, KOLLAM DISTRICT, PIN - 691537
OTHER PRESENT:
SRI. T.R. RANJITH (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3313 OF 2023
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BECHU KURIAN THOMAS, J.
Crl.M.C. No.3313 of 2023
Dated this the 19th day of February 2024
ORDER
Petitioners are the accused in C.C.No.578/2021 on the files of the Judicial First Class Magistrate Court, Kottarakkara arising out of Crime No.591/2021 of Pooyappilly Police Station.
circumstances arising in the case, this Court is of the view that this is a matter which requires appreciation of evidence. The inherent jurisdiction under Section 482 Cr.P.C. cannot be invoked in this case, more so since it had come out during the course of arguments that the case is posted for trial on a near date.
CRL.MC NO. 3313 OF 2023
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The Crl.M.C. is dismissed.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
CRL.MC NO. 3313 OF 2023
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APPENDIX OF CRL.MC 3313/2023
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FINAL REPORT DATED
18/10/2021 IN CRIME NO.591/2021
2 issues framed by the court
Whether inherent jurisdiction under Section 482 Cr.P.C. is invocable to quash proceedings based on a dispute alleged to be of a civil nature.
Whether the delay between the alleged incident and the FIR lodging warrants quashing without evidence.
1 provisions across 1 enactments
Biju George
Siji Biju
State of Kerala
Mariyamma
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court