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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALEE KRISHNA S.
Gopinathan Nair, S/o. Padmanabhan Nair – Appellant
Versus
Mohammed Salah, S/o. Abdu – Respondent
ORDER :
MURALEE KRISHNA S., J.
This Criminal Revision Petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ in short) by the petitioner, challenging the order dated 21.12.2013, passed by the Judicial First Class Magistrate Court-I, Muvattupuzha, in C.M.P.No.839 of 2011, whereby the complaint filed by the petitioner was dismissed under Section 203 of Cr.P.C.
2. Crime No.868 of 2010 was registered at Muvattupuzha Police Station on 08.09.2010, at 17.00 hours under Sections 279 and 338 of IPC based on the First Information Statement of the petitioner recorded on 08.09.2010 at 04.00 p.m., from a hospital wherein he was under treatment due to the injuries suffered in a road traffic accident. On completion of the investigation, on 10.11.2010, the Assistant Sub Inspector of Police, Muvattupuzha, filed a final report before the Judicial First Class Magistrate Court-I, Muvattupuzha, referring the case as false.
3. On receipt of notice about the filing of the final report, the petitioner appeared before the learned Magistrate and filed C.M.P.No.839 of 2011 under Section 190 Cr.P.C. After recording the sworn statement of the petitioner and
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
A Magistrate must independently assess evidence in a complaint under Section 190 Cr.P.C., disregarding police conclusions if sufficient grounds for proceeding exist, ensuring due process is followed.
A Magistrate is required to consider all police reports, including supplementary reports, before making decisions on charges, ensuring procedural fairness in criminal proceedings.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
A magistrate must consider police refer reports before taking cognizance of protest complaints to ensure justice and adherence to procedural fairness.
Point of law: Cognizance of offence – set aside - Admittedly, when the notice was not served on the complainant and the impugned order was not within his knowledge, there was delay in approaching the....
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