The High Court of Kerala dismissed a petition seeking quashment of criminal proceedings under Section 482 CrPC, holding that available materials prima facie warrant trial via recording of evidence and expert opinion.
Petition for quashment of proceedings in CC No.1111/2022 dismissed as recording of evidence is necessary.
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
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
CRL.MC NO. 8271 OF 2023
CRIME NO.1558/2021 OF KARUNAGAPALLY POLICE STATION, KOLLAM
CC NO.1111 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
KARUNAGAPPALLY
PETITIONER/2ND ACCUSED:
REJANI MOL AGED 41 YEARS D/O SAIDDHARAN, PATHEEKULAMGARA VEEDU, CHERTHALA PO, CMC-13, ALAPPUZHA DISTRICT, PIN - 688524 BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP BIJITHA B. BOSE ANJU R S. K C MOHAMED RASHID A.MUJEEB REHUMAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 LEKSHMI AGED 45 YEARS D/O SARASWATHIYAMMA, SARASWATHY MANDIRAM VEEDU, MYNANGAPPALLY P.O., KOLLAM DISTRICT, PIN - 650519 3 THE STATION HOUSE OFFICER CHERTHALA POLICE STATION, CHERTHALA P.O, ALAPPUZHA, PIN - 688524 SRI. M P PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8271 OF 2023
2
O R D E R
Dated this the 4th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, to quash the entire proceedings in C.C.No.1111/2022 on the files of the Judicial First Class Magistrate Court, Karunagappally, arose out of crime No.1558/2022 of Karunagappally Police Station, Kollam. The petitioner herein is the 2nd accused in the above case.
learned counsel for the defacto complainant and the learned Public Prosecutor. Perused the available materials.
CRL.MC NO. 8271 OF 2023 3
LIC, Karunagappally, impersonating the defacto
complainant/wife of the 1st accused, there is no materials to establish the same. Therefore, the learned counsel for the petitioner pressed for quashment.
CRL.MC NO. 8271 OF 2023 4
where there are materials available to see commission of the above offences by the accused, prima facie, warranting trial Therefore, in this case, quashment as prayed for is not liable to be granted, since in this case, recording of evidence is absolutely necessary, as part of trial.
In the result, this petition is dismissed.
Sd/A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 8271 OF 2023
5
APPENDIX OF CRL.MC 8271/2023
PETITIONER ANNEXURES ANNEXURE A THE CERTIFIED COPY OF THE FIR DATED 04.12.2021 IN CRIME NO.1558/2021 OF KARUNAGAPPALLY POLICE STATION
ANNEXURE B THE CERTIFIED COPY OF THE FINAL REPORT DATED 30.06.2022 IN CRIME NO. 1558/2021 OF KARUNAGAPPALLY POLICE STATION
2 issues framed by the court
Whether the nuptial proceedings in CC No.1111/2022 require quashment under Section 482 CrPC given the allegation of impersonation.
Whether there is prima facie material warranting trial including circumstantial evidence and expert opinion.
1 provisions across 1 enactments
REJANI MOL
STATE OF KERALA
LEKSHMI
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
