Mobile View
Main Search Forums Advanced Search Disclaimer
Cites 9 docs - [View All]
The Indian Penal Code, 1860
Section 239 in The Indian Penal Code, 1860
Section 341 in The Indian Penal Code, 1860
Section 294(b) in The Indian Penal Code, 1860
Section 506 in The Indian Penal Code, 1860

User Queries
Kerala High Court
K.P.Rajeev Parameswaran ... vs State Of Kerala, Represented By ... on 16 September, 2011

IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 3177 of 2011()

1. K.P.RAJEEV PARAMESWARAN NAMBOOTHIRI, ... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE ... Respondent

2. RATHEESH, AGED 30 YEARS, S/O.

3. GIRIJA, AGED 24 YEARS, W/O. RATHEESH, For Petitioner :SMT.C.G.PREETHA For Respondent : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN Dated :16/09/2011

O R D E R

P.S.GOPINATHAN, J.

---------------------------------- Crl.M.C.No. 3177 OF 2011

------------------------------------ Dated this the 16th day of September, 2011 O R D E R

~~~~~~~

This is a petition under Section 482 of the Code of Criminal Procedure seeking an order to quash Annexure-I First Information Report in Crime No.195/2010 of the Kattoor Police Station with allegation that the case was registered on the basis of a false complaint.

2. Having heard Smt.C.G.Preethi, learned counsel appearing for the petitioner and perusing the records produced it is seen that the police after investigation had filed Annexure-II charge sheet against the petitioner and another alleging offence under Sections 341, 323, 325, 294(b), 506(1), and 354 read with 34 IPC. Admittedly, the Magistrate has to resort to the procedure prescribed under Chapter XIX Cr.P.C. for trial. Therefore, in the event no offence is disclosed by the statement of the witnesses recorded during the investigation, the petitioner can move the trial court for a discharge under Section 239 of the Code of Criminal Procedure. Crl.M.C.No.3177/2011 2 In the above circumstance, I find no merit in this petition. This petition is therefore dismissed with liberty to the petitioner to move the trial court for a discharge under Section 239 of the Code of Criminal Procedure if no offence is made out. (P.S.GOPINATHAN, JUDGE)

ps/16/9