Dileepkumar P.S. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Crl.MC.No. 5973 of 2015 -------------------------------------- C.C.NO.81/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD CRIME NO. 412/2005 OF TOWN NORTH POLICE STATION , PALAKKAD DISTRICT -------------------- PETITIONER(S)/1ST ACCUSED :
-------------------------------------------------- DILEEPKUMAR P.S., AGED 48 YEARS, S/O.KRISHNANKUTTY (LATE), SPRING VALLEY, KALPATHY P.O., PALAKKAD DISTRICT.
BY SRI.P.VIJAYA BHANU (SENIOR ADVOCATE) ADVS. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 5973 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
ANNEXURE A:
TRUE COPY OF THE FINAL REPORT IN CRIME NO.412/2005 OF TOWN NORTH POLICE STATION, PALAKKAD.
ANNEXURE B:
TRUE COPY OF THE F.I.R IN CRIME NO. 769/2005 OF MANNARKKAD POLICE STATION, PALAKKAD DISTRICT. RESPONDENT(S)' ANNEXURES :
NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No.5973 of 2015 ............................................................... Dated this the 15th day of September, 2015
O R D E R
What is sought to be quashed is Annexure A Final Report in Crime No.412 of 2005 of the Town North Police Station, Palakkad, presently pending as C.C.No.81 of 2009 before the Chief Judicial Magistrate's Court, Palakkad. 2.
The petitioner is the first accused. The case has been registered for the offences punishable under Sections 466, 468 and 471 read with Section 34 of the IPC and Section 25(1)(a) of the Arms Act. For the very same matter, another crime was registered by the Mannarkkad Police as Crime No.769 of 2005. The present crime is registered on
CRL.M.C.No. 5973 of 2015 -: 2 :- 23.10.2005 by the Town North Police Station, Palakkad; whereas Crime No.769 of 2005 of the Mannarkkad Police Station was registered on 18.10.2005. The present crime No.412/2005 registered on the same subject matter involved in Crime No.769 of 2005 of the Mannarkkad Police Station, is not legally sustainable in view of the earlier FIR in Crime No.769 of 2005.
3.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4.
On hearing either side, it seems that the present crime has been registered subsequently in respect of the very same subject matter in Crime No.769 of 2005 of the Mannarkkad Police Station. Therefore, Annexure A final report and consequent proceedings in C.C.No.81 of 2009 of the Chief Judicial Magistrate's Court, Palakkad, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure A final report and consequent proceedings in C.C.No.81 of
CRL.M.C.No. 5973 of 2015 -: 3 :- 2009 of the Chief Judicial Magistrate's Court, Palakkad, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge