James Antony v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Crl.MC.No. 892 of 2015 () -------------------------- CRIME NO. 895/2014 OF NEDUMKANDAM POLICE STATION , IDUKKI PETITIONER(S)/ACCUSED:
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1. JAMES ANTONY PALATHINKAL HOUSE, NEDUMKANDAM P.O., IDUKKI DT.
2. ALICE ANTONY, W/O.JAMES ANTONY, PALATHINKAL HOUSE, NEDUMKANDOM P.O. IDUKKI DT.
BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S):
---------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R BY ADV. PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 892 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE 1:CERTIFIED COPY OF THE FIR IN CRIME NO.895/14 OF NEDUMKANDOM POLICE STATION.
ANNEXURE 2: CERTIFIED COPY OF THE FIR IN CRIME NO.324/14 OF NEDUMKANDOM POLICE STATION ANNEXURE 3: CERTIFIED COPY OF THE SEIZURE MAHAZAR IN CRIME 324/14 NEDUMKANDOM POLICE STATION RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.892 of 2015 ````````````````````````````````````````````````````````````` Dated this the 3rd day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner wants to get Annexure-1 FIR in Crime No.895/2014 of Nedumkandom Police Station, quashed. After filing of the Crl.M.C., the final report was filed in the matter after investigation and the final report was taken on file by the court below on 17.07.2015. The same is presently pending as C.P.40/2015 before the court below. According to the petitioner, he wants to amend the Crl.M.C. for incorporating a relief for getting the final report also quashed. On going through the matter, this Court is of the view that the matter has to be considered by the concerned court on committal at the stage of Section 227 Cr.P.C. The petitioner can invite the concerned court into the allegations and plead for a discharge under Section 227 Cr.P.C, in case he is entitled for the same. With the said liberty, this Crl.M.C. is closed. Sd/- (B.KEMAL PASHA, JUDGE) aks/03/09