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The Indian Penal Code
Section 239 in The Indian Penal Code
Section 294(b) in The Indian Penal Code
Section 354 in The Indian Penal Code
Section 506 in The Indian Penal Code

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Kerala High Court
K.P.Rajeev Parameswaran ... vs State Of Kerala 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