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A. BADHARUDEEN
Johnson, S/o S. Garibel – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash all further proceedings in Crime No.1725/2018 of Kottayam East Police Station, now pending as C.C.No.568/2019 on the files of the Chief Judicial Magistrate Court, Kottayam.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor. Perused the relevant documents.
3. The learned counsel for the petitioner would submit that initially crime was registered alleging commission of offences punishable under Sections 465 and 471 of IPC, on the allegation that somebody manipulated the records with a view to deny compassionate employment to the defacto complainant in between 30.07.2004 to 15.11.2005. On investigation, Annexure-II final report filed and acting on the same, the trial court took cognizance for the offences punishable under Sections 465 and 471 of IPC and the case was numbered as C.C.No.568/2019. Thereafter, at the instance of the accused, further investigation conducted, which led to filing of Annexure-VI supplementary final report, and as per which Annexure II final report was negatived. Furth
The main legal point established is that the court must consider both the initial and supplementary reports under Section 173(2) and 173(8) of the Cr.P.C. to determine if there is prima facie evidenc....
The main legal point established in the judgment is that both the original and supplementary reports under Section 173(2) and Section 173(8) of the Code of Criminal Procedure 1973 must be considered ....
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
The power of the Magistrate to direct further investigation should be exercised sparingly and in exceptional cases to achieve the ends of justice.
Section 319 Cr.P.C. is independent and can be exercised when it appears from the evidence his involvement in the alleged crime irrespective of whether any protest complaint was maintained against him....
The investigating officer has discretion in determining charges and is not mandated to follow the public prosecutor's recommendations, validating the addition of offences in the challan report.
The main legal point established is that the question of taking cognizance becomes academic when the trial has advanced to a stage where the accused have participated in the proceedings after being p....
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