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2012 Supreme(Ker) 762

S.S.SATHEESACHANDRAN
K. C. Valasala – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates appeared:
For the Petitioner:V. Sajith Kumar, Priyanka Prasad, Advocate.
For the Respondents: R. Ranjith, Public Prosecutor.

JUDGMENT

S.S. Satheesachandran, J.

1. The above petition has been filed under Section 482 of the Code of Criminal Procedure (for short “the Code”), to quash Annexure II FIR registered in Crime No.954 of 2011 of Thiruvalla Police Station. Petitioner, a post-woman attached to West Othera Post Office, proceeded in the crime, which is now pending investigation, seeks to quash the proceedings thereof.

2. The main thrust of challenge set forth to invoke the inherent powers of this court for quashing Annexure II FIR in the crime is that Annexure I information leading to the registration of the crime does not disclose any offence. Learned counsel for petitioner, adverting to some decisions rendered by the Apex Court viz., State of Haryana v. Bhajan Lal (1992 Supp. (1) SCC 335), R.P.Kapur v. State of Punjab (AIR 1960 SC 866) and Indian Oil Corporation v. NEPC India Ltd. (2006 (6) SCC 736) strenuously contended that the crime registered for the offence under Section 409 of the Indian Penal Code {for short “the IPC”} with no whisper of any allegation thereto made out in Annexure I information supplied, is absurd and inherently unworthy of any merit or value, and, as such the criminal proceedi







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