The High Court of Kerala disposed of a petition filed under Section 482 CrPC seeking direction to register a case. The court observed that an FIR (Annexure A2) was already registered on the petitioner's complaint (Annexure A1), rendering the prayer unwarranted.
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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.MC NO. 5410 OF 2023
CRIME NO.430/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONER/COMPLAINANT:
SURYA S NAIR
AGED 30 YEARS, RESIDING AT SURYA, PUTHIYIDAM,
CHIRAKADAVAM MURI, KAYAMKULAM, ALAPPUZHA, PIN - 690502
BY ADVS.
P.SREEKUMAR
ATHUL ROY
HELEN P.A.
STEPHANIE SHARON
RESPONDENTS/STATE & ACCUSED 1 TO 4:
1 THE STATION HOUSE OFFICERKAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPPUZHA, PIN - 690502
2 DEEPAK NEDIYATHOTTATHU, VALIYAPADAM MURI, VILATHANKARA P O, KOLLAM, PIN - 6905213 SATHI DEVI NEDIYATHOTTATHU, VALIYAPADAM MURI, VILATHANKARA P.O., KOLLAM, PIN - 6905214 SATHI DEVI NEDIYATHOTTATHU, VALIYAPADAM MURI, VILATHANKARA P.O., KOLLAM, PIN - 6905215 RAVEENDRAN PILLAI NEDIYATHOTTATHU, VALIYAPADAM MURI, VILATHANKARA P.O., KOLLAM, PIN - 6905216 GANESH NEDIYATHOTTATHU, VALIYAPADAM MURI, VILATHANKARA P.O., KOLLAM, PIN - 690521BY ADV VINOY VARGHESE KALLUMMOOTTIL
SR PP – RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 5410 of 2023
2
ORDER
Dated this the 12 th day of April, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, by the petitioner, to direct the 1st respondent to register the case based on Annexure A1 complaint.
Accordingly, this Crl.M.C. stands disposed of.
Sd/-
A. BADHARUDEEN
JUDGE
SK
Crl.M.C. No. 5410 of 2023
3
APPENDIX OF CRL.MC 5410/2023
PETITIONER ANNEXURES :
Annexure A1TRUE COPY OF THE COMPLAINT DATED
12.4.2023 SUBMITTED BY THE PETITIONER
BEFORE THE DISTRICT POLICE CHIEF
Annexure A2TRUE COPY OF THE FIR IN CRIME NO 430 OF
2023 OF KAYAMKULAM POLICE STATION DATED
5.5.2023.
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether to exercise power under Section 482 CrPC to direct the registration of a criminal case when an FIR has already been registered on the same complaint.
1 provisions across 1 enactments
Surya S Nair
The Station House Officer Kayamkulam Police Station
Deepak Nediyathottathu
Sathi Devi Nediyathottathu
Raveendran Pillai Nediyathottathu
Ganesh Nediyathottathu
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court