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2019 Supreme(Ker) 622

Sreenish – Appellant
Versus
State of Kerala, Rep. by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Varghese C.Kuriakose, Shri. Susanth Shaji, Advs.
For the Respondent: Advs. Director General of Prosecution Sri.Suman Chakravarthy, Senior Govt. Pleader

Judgement Key Points

The competent official to record the FIS is the police official concerned at the police station, who records it in handwriting.
This is evident from the judgment's directions, which state that "Immediately after recording of the FIS in the handwriting of the police official concerned, it shall be ensured that a typewritten copy of the FIS is also maintained" (!) . The judgment further emphasizes that a legible typewritten copy must be maintained after recording at the police station and attested by the SHO or competent official [15000478560012]. The original FIS remains handwritten by this police official, with typewritten versions kept in the CD file for court use [15000478560013].


ORDER :

The sole applicant (Sreenish) in B.A.No.4278/2019 and the sole applicant (Ajmal) in B.A.No.4375/2019 are now re-arrayed as accused No.1 and accused No.3 respectively in the subject Crime No.843/2019 of Thripunithura Hill Palace Police Station. The said crime has been registered on the basis of the First Information Statement of the defacto complainant given on 27.4.2019 at about 11.43 p.m., in respect of the alleged incident, which has happened on 27.4.2019 at about 3.30 p.m and originally, the offences included in the said crime are those under Sections 392 and 34 of the IPC and originally a person shown in the name as “Tony” was arrayed as accused No.1 and two other identifiable persons whose names were not known to the defacto complainant have been arrayed as accused Nos. 2 and 3. The Police, after investigation, has now altered the offences in the said crime and now the offences alleged therein are those under Sections 394, 395, 120B of the IPC and there are six accused persons in the array of the accused in the said crime in which the re-arrayed accused status of the above said applicants are A1 and A3 respectively as stated hereinabove.

2. The brief of the case as per t

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