Back
C. T. RAVIKUMAR, SANJAY KAROL
M. R. Ajayan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
SANJAY KAROL J.
1. Leave Granted.
2. The present appeals arise from the common final judgment and order dated 10th March, 2023 passed by the High Court of Kerala at Ernakulam in CRL. M.C. No. 5261 of 2022, whereby the order taking cognizance in Crime No. 215/1994 and all further proceedings pursuant to the same (C.C. No. 811 of 2014) on the files of Judicial First Class Magistrate-I, Nedumangad, were quashed and the Registry of the High Court was directed to take appropriate action against Antony Raju in accordance with the procedure set out under Section 195 of the Code of Criminal Procedure, 1973.1 [hereinafter “Cr.P.C.”]
FACTUAL MATRIX
3. The genesis of this case dates back to the year 1990. On 4th April, 1990, an FIR came to be registered bearing Crime No. 60 of 1990, under Section 20(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, wherein an Australian national, Andrew Salvatore, was travelling from Thiruvananthapuram to Mumbai. While undergoing frisking at the airport, he was found to be in possession of 2 packets containing 55 grams and 6.6 grams of charas, which were kept concealed in the pocket of his underwear. On registration of the FIR, the person, al
(1) Locus Standi to prefer SLP – Appeal by a private individual can be entertained, both sparingly and after due vigilance.(2) Contempt of lawful authority of Public Servants – Bar of prosecution – O....
The main legal point established in the judgment is that a criminal complaint can be quashed if it is barred by law under specific provisions of the Code of Criminal Procedure.
Composite petitions challenging FIR, charge-sheet, and cognizance should be heard by a Division Bench under the Bombay High Court Appellate Side Rules, ensuring uniformity and avoiding jurisdictional....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
