Francis T. Chacko v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Crl.MC.No. 3153 of 2015 () --------------------------- CRIME NO. 573/2014 OF HILL PALACE POLICE STATION, ERNAKULAM DISTRICT ---------------------- PETITIONER/ACCUSED :

-------------------------------------- FRANCIS T. CHACKO S/O T.J. CHACKO, AGED 53 YEARS VILLA NO.2, SOWPARNIKA GARDENS THRIPUNITHURA, ERNAKULAM DISTRICT.

BY ADV. SRI.T.MADHU RESPONDENTS/STATE :

-------------------------------------

1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER HILL PALACE POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY THE PUBLIC PROSEUCTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SNEHA PRASAD, AGED 33 YEARS W/O. PRAVEEN, RESIDING AT C BLOCK SOWPARNIKA GARDENS APARTMENTS, THRIPUNITHURA ERNAKULAM DISTRICT-682301.

R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 3153 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

------------------------------------------- ANNEXURE A1:

THE TRUE COPY OF THE FIR IN CRIME NO.573/2014 OF HILL PALACE POLICE STATION.

ANNEXURE A2:

THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.573/2014 OF HILL PALACE POLICE STATION.

ANNEXURE A3:

THE TRUE COPY OF THE ORDER DATED 18.4.2012 IN APPEAL NO.391/2011 ON THE FILE OF THE HON'BLE TRIBUNAL FOR LOCAL SELF INSTITUTIONS, THIRUVANANTHAPURAM.

ANNEXURE A4:

THE TRUE COPY OF THE ORDER DATED 17.8.2013 OF THE TRIPUNITHURA MUNICIPALITY.

ANNEXURE A5:

THE TRUE COPY OF THE COMPLAINT DATED 17.3.2014 FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, KOCHI CITY.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 3153 of 2015 ==================== Dated this the 1st day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. The prayer is to quash the proceedings in C.C. No. 905 of 2015 on the file of the Judicial Magistrate of the First Class, Thrippunithura, which arose from Crime No. 573 of 2014 of Hill Palace Police Station. The petitioner is charged with having committed the offences under sections 294(b) and 427 of IPC. The payer is to quash the proceedings on the ground that no offences is made out.

3. Heard.

4. Final report has already been filed. The matter is pending consideration by the learned Magistrate, if the materials relied on by the prosecution do not disclose commission of any offence, the remedy is plead for discharge or to drop the proceedings.

In the result, this Crl. M.C. is dismissed.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge